The Federal High Court sitting in Abuja, on Monday, slated February 21, 2022, to deliver judgement in a suit seeking to bar former Vice President, Atiku Abubakar, from vying for presidency in 2023.
The suit marked FHC/ABJ/CS/177, is challenging Atiku’s eligibility on the premise that he is not a Nigerian by birth.
A group, under the eagis of the Incorporated Trustees of Egalitarian Mission for Africa, had in the suit, posed three legal questions for the determination of the court.
It asked the court to determine; “Whether section 25 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the sole authority that spells out ways by which a person can become a Nigerian citizen by birth?
“Whether by the provisions of section 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), only a Nigeria citizen by birth can contest for the office of the President of the Federal Republic of Nigeria?
As well as, “Whether by the combined interpretation of section 25(1) & (2) and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and giving the circumstances surrounding the birth of the 1st Defendant (Atiku), he can be cleared by the 2nd and 3rd Defendants to contest for the office of the President of the Federal Republic of Nigeria?.
Upon determination of the questions, the Plaintiff applied for a declaration that by the provisions of the Constitution, “only a Nigerian citizen by birth can contest for the office of the President of the Federal Republic of Nigeria.
It urged the court to declare that giving the circumstances surrounding Atiku’s birth, he cannot be cleared by either PDP or the Independent National Electoral Commission, INEC, to vie for Presidency.
