BY LINUS CHIBUIKE
ATTORNEY-GENERAL of the Federation and Minister of Justice, Abubakar Malami, on Wednesday, said he did not institute the suit challenging the citizenship of former Vice President Atiku Abubakar.
He said in a statement signed by his Special Assistant on Media and Public Relations, Umar Jibrilu Gwandu, that the affidavit he filed before the court was in response to a 2019 pre-election suit, filed by a Civil Society Organization – the Incorporated Trustees of Egalitarian Mission for Africa.
Malami, whose explanation came on the heels of the criticisms that trailed the affidavit, said he only responded as a co-defendant in the suit marked ‘FHC/ABJ/CS/177/2019.
He said, “The matter in contention was part of the 2019 pre-election matters instituted by a Civil Society Organization – the Incorporated Trustees of Egalitarian Mission for Africa in suit no: FHC/ABJ/CS/177/2019 in respect of which Alhaji Atiku Abubakar, Peoples Democratic Party (PDP), Independent National Electoral Commission (INEC) and the Office of the Honourable Attorney General of the Federation was made a co-defendant.
“The issue had already been widely reported by the media since April 2019.
“It is unfortunate that stale news stories capable of causing confusion are repackaged and presented to the general public as current news.”
The AGF had, in the said affidavit, argued that the former Vice President would be violating Section 118(1)(k) of the Electoral Act if he contests for President in Nigeria.
He argued that, since he was allegedly not born a Nigerian or by Nigerian parents, he was not eligible under the constitution to be a Presidential candidate, having not met the provisions of Sections 25(1) &(2) and 131(a) of the constitution.
The AGF was arguing in support of a suit filed before the Federal High Court, Abuja by the Incorporated Trustees of Egalitarian Mission for Africa.
EMA is challenging the eligibility of the former VP to contest for President and asking 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 President in Nigeria.
A team of lawyers, led by Oladipo Okpeseyi (SAN), in documents filed on behalf of the AGF, agreed that the plaintiff, Atiku Abubakar, is not a Nigerian citizen by birth.
The suit, marked: FHC/ABJ/CS/177/2019 was filed before the 2019 presidential election.
When the suit was mentioned on March 15, Justice Inyang Ekwo said it was ripe for hearing and fixed May 4, for the hearing.
“The first defendant (Atiku) is not qualified to contest to be President of the Federal Republic of Nigeria. The first defendant is not a fit and proper person to be a candidate for election to the office of president of the Federal Republic of Nigeria,” the AGF said.
“The first defendant was born on the 25th of November, 1946 at Jada, at the time in Northern Cameroon. By the plebiscite of 1961, the town of Jada was incorporated into Nigeria. The first defendant is a Nigerian by virtue of the 1961 plebiscite, but not a Nigerian by birth. The first defendant’s parents died before the 1961 plebiscite,” he added.
