The All Progressives Congress (APC) and Bola Tinubu, the party’s presidential candidate, have been sued by Abuja-based attorney Osigwe Momoh for choosing a Muslim as their vice presidential candidate.
As his running mate for the 2023 presidential race, Kashim Shettima, a fellow Muslim and former governor of Borno, had been picked by Tinubu.
Many people, most notably the Christian Association of Nigeria (CAN), have voiced their strong opposition to the development, which has continued to spark controversy.
Momoh is requesting a perpetual injunction preventing the Independent National Electoral Commission (INEC) from releasing Tinubu’s name in the upcoming elections in the lawsuit with the case number FHC/ABJ/CS/1188/2022 that was filed before a federal high court in Abuja.
He said the APC is in violation of the Nigerian constitution by picking its presidential candidate and his running mate from the same religion.
In the originating summons, the plaintiff argued that political parties, by virtue of chapter two of the 1999 Constitution of the Federal Republic of Nigeria (as amended), must have their presidential and vice-presidential candidates from different sections (tribal and religious groups) of the nation.
Consequently, he prayed the court to declare that “by virtue of Sections 14 (1) & (3), 15 and 224(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the defendants are bound by the principles of Chapter II of the 1999 Constitution (as amended) and having the presidential and vice presidential candidates of the same religion is unconstitutional and null and void”.
Momoh is also seeking an order “nullifying the candidacy of APC, Tinubu (1st And 2nd), same being unconstitutional and against the spirit and letters of Sections 14 (1) & (3), 15 and 224 (a) of the amended 1999 Constitution of the federal republic of Nigeria”.
