A Federal High Court sitting in the Federal Capital Territory, Abuja, has struck out a case filed by the Action Peoples Party (APP) seeking to nullify the candidature of Asiwaju Bola Ahmed Tinubu, as the presidential candidate of the All Progressives Congress (APC).
The suit with the identification number. FHC/UM/CS/124/2022 was filed by the Action Peoples Party and others against the Independent National Electoral Commission (INEC), as the first defendant; Senator Bola Ahmed Tinubu as the second defendant and the All Progressives Congress (APC) as the third defendant.
The plaintiffs had prayed the court to ask INEC to invalidate the nomination of Senator Tinubu, who is the presidential candidate of the third defendant.
The plaintiffs canvassed that Senator Tinubu had allegedly submitted to the INEC false information in his form EC9 when he failed to include his primary and secondary education as contained in his Form CF001 of 1999 submitted for the governorship election pursuant to Section 29 of the Electoral Act 2022 and Section 131 of the 1999 Constitution of the Federal Republic of Nigeria.
However, counsel to the third defendant, Babatunde Ogala (SAN) filed a notice of preliminary objection on the grounds that the suit was statute-barred, disclosed no cause of action and that the plaintiff had no locus.
Ogala further argued that it was frivolous and a waste of the precious time of the court.
When the matter came up for determination before Justice Emeka Nwite of a Federal High Court, Abuja on Monday, 21st November 2022, the plaintiff did not make an appearance in court.
Justice Nwite subsequently struck out the case for lack of diligent prosecution.