A Federal High Court in Abuja has dismissed a suit challenging former Vice-President Atiku Abubakar’s eligibility to contest for President.
In a judgment yesterday, Justice Inyang Ekwo held that the plaintiff – the Incorporated Trustees of Egalitarian Mission for Africa (EMA) – lacked the legal right (locus standi) to approach the court on the issue raised.
The EMA had, in the suit, argued that Atiku is not a Nigerian by birth and, therefore, not qualified to contest the nation’s presidential election.
The EMA, in the suit filed before the 2019 presidential election, prayed the court to hold, among others, that considering the provisions of sections 25(1) &(2) and 131(a) of the Constitution and the circumstances surrounding his birth, Atiku cannot contest for the nation’s top office.
Defendants in the suit are: Atiku, the Peoples Democratic Party (PDP), the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF).
Ruling yesterday, Justice Ekwo said: “I, therefore, hold that by the provision of Part C of the Companies and Allied Matters Act (CAMA), particularly Section 590(1) thereof, pursuant to which the plaintiff obtained registration and by which it underpins this venture, it cannot initiate this action.
“In other words, the plaintiff lacks the requisite locus standi to bring this action against the defendants.
“It is the law that where a plaintiff has been adjudged to lack locus standi, it does not matter whether that action is premature, speculative and academic, or discloses no reasonable cause of action against the respondents, or the originating process is defective and incompetent, or suit is not justiciable, or the suit is abuse of court process.
“Lack of locus stand ordinarily means the plaintiff has no legal right or authority to cross the threshold of the court. Once the court finds that the plaintiff lacks locus standi, then the court lacks jurisdiction to consider or decide any other issue in the suit and this is the case here.
“The consequence of lack of locus standi is dire and the courts have been unwavering in making pronouncements on it. It is the law that the claims must be struck out and I am bound to follow the law.”