BY AGENCY REPORTER
The Federal High Court sitting in Abuja on Thursday fixed September 27 for the hearing of a suit filed by the Incorporated Trustees of Egalitarian Mission for Africa, a group, challenging the citizenship of former Vice President, Alhaji Atiku Abubakar.
The News Agency of Nigeria reports that the plaintiff in suit number FHC/ABJ/CS/177/2019 is challenging the citizenship of Abubakar on the grounds that he was not born in Nigeria, hence was not eligible to contest for president.
Counsel to the plaintiff, Mr Akintola Oladimeji, told the court that he was not prepared to go on with the matter, saying that it was only on Wednesday that he got wind of the fact that the matter had been slated for hearing on Thursday as the next adjourned date known to him was September 20.
When Justice Inyang Ekwo inquired from the court registrar if parties were informed of the date, he responded in the affirmative.
The judge expressed his displeasure that the date for the hearing became a subject of controversy. He adjourned the matter to September 27 and warned the plaintiff that it would be the last adjournment for his client.
The plaintiff joined the Peoples Democratic Party, the Independent National Electoral Commission and the Attorney-General of the Federation as co-defendants in the suit.
The plaintiff raised questions on,
“Whether Section 25 of the Constitution 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, only a Nigerian citizen by birth can contest for office of the president.
“Whether by the combined interpretation of Section 25(1) (2) and 131(a) of the constitution, and giving the circumstances surrounding the birth of Abubakar, he can be cleared by the PDP and INEC to contest for office of the president.”
The plaintiff held that if the answers to the questions were resolved in its favour, it should be granted the reliefs that “By provisions of Section 131(a) of the Constitution, only a Nigerian citizen by birth can contest for the office of president. A declaration that by the combined interpretation of Sections 25 (1) (2) and 131(a) of the Constitution, and given the circumstances surrounding the birth of Abubakar, he cannot be cleared by PDP and INEC to contest for president.”
The plaintiff also asked the court for any order which it may seem fit to make in the circumstances of the application.
However, Abubakar and the PDP asked the court to dismiss the suit for lacking in merit. In their notice of objection filed jointly, they insisted that the former vice president was a bonafide citizen of Nigeria.
Abubakar also said that besides serving as Nigeria’s vice-president from 1999 to 2007, he held many public and private offices, including serving as governor of Adamawa and was a commissioned officer of the Nigerian Customs Service.
He added that his parents, grandparents and great grandparents were born in Nigeria and they lived and died as Nigerians and were buried in Nigeria. He maintained that the suit was filed in bad faith in an attempt to malign his person and integrity.
Abubakar also objected to the plaintiff’s right to challenge his nationality, arguing that it failed to show the interest it had above other citizens of Nigeria to be entitled to approach the court on the issue.
