Court Frustrating Disqualification Suit Against Tinubu, AA Alleges

Adedayo Akinwale in Abuja

Action Alliance (AA) has accused the Federal High Court, Abuja, of deliberately delaying the suit seeking the disqualification of the presidential candidate of the ruling All Progressives Congress (APC), Bola Tinubu.

The opposition party, in a statement yesterday by its National Publicity Secretary, Rev. Dennis Ubani, said recent events had led it to the inevitable conclusion that there was a water tight conspiracy to ensure that the pre-election cases it filed before the court would never be heard until the expiration of the time within which the matters ought to be determined.

The party stressed that by Section 285 (9) of the 1999 Constitution, pre-election cases must be filed within 14 days of the happening of the event and determined within 180 days of the filing.  The party noted that the clear implication of this was that by the 15th day of December 2022, the court would have lost the requisite jurisdiction to hear the matters and the cases would be struck out without a determination on the merits.

It said, “Our observation is that the judicature of the Federal High Court is not relenting in ensuring the frustration of the two cases. We are convinced that the conductor of the bizarre orchestra is doing the bidding of Senator Bola Ahmed Tinubu. However, we are determined to ensure the failure of this heinous scheme.
”Recent events in the portals of the Federal High Court, Abuja, have led us to the inevitable conclusion that there is water tight conspiracy to ensure that the pre-election cases of Action Alliance filed at the Federal High Court, Abuja, to ensure the disqualification of Senator Bola Ahmed Tinubu as a presidential candidate of the APC, will never be heard until the effluxion of the time within which the matters ought to be determined.”

AA said the two cases it filed were Action Alliance vs. Independent National Electoral Commission (INEC), APC and Senator Bola Ahmed Tinubu, with case number FHC/ABJ/CS/954/2022; and Action Alliance vs. Independent National Electoral Commission (INEC), APC, Ibrahim Kabiru Masari and Senator Bola Ahmed Tinubu, with suit number FHC/ABJ/CS/1097/2022.

The party said it was on record that about three weeks ago, Chief Judge of the Federal High Court, against all known legal customs and practices, recalled the case files of the two cases for reassignment.

The opposition party expressed shock over the alleged recall of the files, saying, “Expectedly, when we heard of the recall of the files, we knew that the serpent had slipped into the hallowed chambers of justice. Not surprisingly since then, the cases have been stalled.

“Arising from all the foregoing, we hereby urge the Honourable Chief Judge of the Federal High Court to resist the temptation of aiding and abetting injustice by denying us our right to fair hearing. We have no hesitation in stating that what is happening is a personal agenda and cannot enjoy judicial immunity.

“Finally, we want to assure Nigerians that our avowed determination to enthrone a new Nigeria cannot be diminished by the political chicanery of anti-people agents. We are, thus, determined to ensure that we are not going to sheathe our swords until the victory for Nigerians is attained.
“In this historic war for the birth of a new Nigeria we call on the judicature to stand on the side of justice.”