Nigeria: Court Strike Suit challenging former Vice President Atiku Abubakar’s Nigerian citizenship is declared unconstitutional.

By Derrick Bangura.

On Monday, Justice Inyang Ekwo of the Federal High Court in Abuja dismissed a suit challenging presidential aspirant and former Vice President Alhaji Atiku Abubakar’s Nigerian citizenship.

The complaint initiated by the Incorporated Trustees of Egalitarian Mission for Africa was dismissed by Justice Ekwo on the grounds that the plaintiff, as a non-governmental organization (NGO), had no legal standing to bring such proceedings against Atiku.

According to the court, the NGO cannot engage in public interest litigation that is not part of its mission because it is registered under the Company and Allied Matters Act with unique duties.

NGOs should avoid bringing frivolous applications targeted at harassing politically exposed Nigerians, according to Justice Ekwo.
The organization had petitioned the court to disqualify Atiku as the Peoples Democratic Party’s (PDP) presidential candidate and to prevent him from running in the presidential election on February 16, 2019, due to claimed circumstances surrounding his citizenship.

Atiku, the PDP, the Independent National Electoral Commission, the Attorney-General of the Federation, and the Minister of Justice, as well as the Attorney General of Adamawa State, were named as defendants in the complaint, which was filed on February 11, 2019.

The plaintiff had asked the court to interpret Sections 25(1) and (2), as well as Section 131(a) of the 1999 Constitution.
The plaintiff had asked the court to interpret Sections 25(1) and (2), as well as Section 131(a) of the 1999 Constitution.

“A declaration that by the combined interpretation of Sections 25(l) & (2) and 131(a) of the Constitution, and given the circumstances surrounding Atiku’s birth, he cannot be cleared by PDP and INEC to vie for the post of president,” the plaintiff claimed in the action.
However, the former vice president replied to the court ruling Wednesday, claiming that it was politically motivated from the start.

“It was evident from the start that this was a politically organized plan to prevent His Excellency Atiku Abubakar from enjoying the rights and benefits that have been confirmed by the constitution, the grundnorm of the nation,” Atiku said in a statement released by his Media Aide, Paul Ibe.

“All of these plots are intended at preventing Atiku Abubakar from serving his country at the highest level, depriving Nigerians of the tremendous rewards of that service.”
“However, we find comfort in the words of the Bible, which say, “Behold, they shall surely assemble together, but not by me: whomever shall come together against thee shall fall for thy sake,” said Atiku.