LINUS CHIBUIKE
FORMER Vice President Atiku Abubakar has asked the Federal High Court in Abuja, to dismiss a suit seeking to bar him from vying for the presidency in Nigeria.
Atiku said the suit against him by a group under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa, lacked merit.
The former VP was the Presidential Candidate of the Peoples Democratic Party in the 2019 election.
He said in a 28-paragraphed counter-affidavit that the suit would only succeed in wasting the judicial/precious time of the court.
Joined as co-defendants in the suit marked ‘FHC/ABJ/CS/177’, are the PDP, the Independent National Electoral Commission and the Attorney-General of the Federation and Minister of Justice.
In the Originating Summons, the plaintiff 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?
“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?”
The Plaintiff is therefore seeking a declaration, in view of the provisions of the Constitution, that “only a Nigerian citizen by birth can contest for the office of the President of the Federal Republic of Nigeria.”
The Group, which said it was a Non-Governmental Organization duly registered in 13 African countries, also wants the court to declare that, considering the circumstances surrounding the former VP’s birth, he cannot be cleared by either the PDP or INEC, to vie for Presidency.
The Plaintiff argued that Atiku was not a Nigerian by birth and was therefore not eligible to contest to become the President of Nigeria.
It said it had specific concerns for promoting the principles of equality, rule of law and human rights in Africa generally, but with particular interest in Nigeria.
In a 12-paragraphed affidavit deposed to by one Michael Okejimi, the Plaintiff noted that Atiku was born on December 25, 1946.
He said the 1st Defendant had, in his testimony, which was gazetted and published in most national dailies, stated that he was from Jada town in Adamawa State.
The Plaintiff said, “Jada used to be in Ganye Local Government Area in Adamawa. That Ganye is regarded as the mother of the whole Chamba tribe.
“That Ganye, however, was never part of Nigeria legally as at the date of birth of the 1st Defendant.
“That the area had been entrusted to Britain by a League of Nations mandate in 1919 and later as Trust Territory by the United Nations in 1946.
“That the defeat of Germany in World War 1, Cameroon became a League of Nations mandate territory and was split into French Cameroons and British Cameroons in 1919.
“That while France integrated the economy of their part of Cameroon with that of France, the British, administered theirs from neighboring Nigeria, making 1st Defendant’s Jada a British franchise.
“That a plebiscite was held in British Cameroons to determine whether the people preferred to stay in Cameroon or align with Nigeria.
“That while Northern Cameroon preferred a union with Nigeria, Southern Cameroon chose alignment with the mother country. That on June 1, 1961, Northern Cameroon became part of Nigeria, and on October 1, 1961, the Southern territory dissolved into Cameroon.
“That Ganye, which incorporates the 1st Defendant’s birthplace of Jada was the headquarters of British Cameroons, but it joined Nigeria following the plebiscite.
“That when the 1st Defendant was on November 25, 1946, born to a Fulani trader and farmer, Garba Abubakar, Jada village and other parts of Chamba land in the then Northern Cameroon, were still known as British Cameroon.
“That none of the 1st Defendant’s parents or grandparents was born in Nigeria. That the 1st Defendant’s father died a citizen of Northern Cameroon in 1957 prior the referendum of June 1, 1961, that made Northern Cameroon become part of Nigeria.
“That the 1st Defendant’s ancestral origin is deeply rooted in the then Northern Cameroon.
“That the 1st Defendant is not a Nigerian citizen by birth.
“That the 1st Defendant is not qualified to be elected into the office of the President of the Federal Republic of Nigeria.”
However, in a joint preliminary objection by the PDP and Atiku, they insisted that he is “a bonafide citizen of the Federal Republic of Nigeria”.
Atiku argued that aside from serving as Vice President of Nigeria from 1999 to 2007, he held many public/private offices in Nigeria, including serving as Governor of Adamawa State and as a Commissioned Officer of the Nigeria Customs Service.
He said both his parents, grandparents and great grandparents were born in Nigeria; they lived, died as Nigerians and were buried in Nigeria.
Atiku therefore told the court that he was qualified and eligible to be elected into the office of the President of Nigeria, noting that the Plaintiff filed the suit malafide.
“I know as a fact that this suit as filed by the Trustees of the Plaintiff is aimed at maligning the person and integrity of the 1st Defendant, ” the defendant said.
Atiku urged the court to dismiss the suit in its entirety, querying the locus standi of the group to challenge his nationality.
When the matter was called up on Monday, Justice Inyang Ekwo held that it was okay for hearing since all the parties had joined issues.
Counsel to the Plaintiff, Akiola Oladimeji, told the court that the parties had filed and exchanged processes regarding the matter.
The court thereafter adjourned the case till May 4, stressing that the substantive suit would be heard along with Atiku’s preliminary objection.
