2023: PDP Files Suit Against APC, Seeks Disqualification Of Tinubu; APC Kick, Faults Suit

By Akinwale Kasali

Opposition Party, the Peoples Democratic Party, PDP, Presidential Campaign Council, PCC, has filed a suit in Court, demanding the Independent National Electoral Commission, INEC, to disqualify Asiwaju Bola Ahmed Tinubu, APC Presidential Candidate from participating at the February 25th, 2023 Presidential Election.

The PDP said it is dragging Tinubu to Court over an alleged  forfeiture of the sum of $460,000 to the United States of America authorities.

Kola Ologbodiyan, the Spokesperson for the Atiku/Okowa Campaign Organization made the announcement of the legal suit against Tinubu and APC in Abuja, the nation’s Capital.

Ologbondiyan expressed the determination of the Campaign Council to file for accelerated hearing in the case in the interest of the Nation as Nigeria’s laws do not permit an alleged convict, let alone an individual convicted on account of international crime of trafficking in narcotic, to stand election at any level.

He added that the Campaign Council is praying the court to “Declare Asiwaju Bola Tinubu, the Presidential Candidate of the APC, having been allegedly convicted, as ineligible to contest the presidential election by virtue of section 137 (1) (d) of the 1999 Constitution.

Compel the Independent National Electoral Commission, to immediately delist Asiwaju Bola Tinubu as Presidential Candidate of the APC or any other political party for that matter and expunge his name from all materials and documents related to the 2023 Presidential election.

The Directorate of Strategy and Communications of the Atiku/Okowa Campaign Council on Sunday had asked the National Drug Law Enforcement Agency, NDLEA, Department of State Security, DSS and the Inspector General of Police to arrest and prosecute Tinubu for the alleged crime.

Ologbondiyan said, “You will further recall that the PDP had already established that the presidential candidate of the APC, having been allegedly convicted and having acceded to be guilty as charged by way of forfeiture of the $460,000; Nigeria being a signatory to International Convention is mandatorily obligated to execute the consequential effect of that conviction by virtue of Section 137 (1) (d) of the 1999 Constitution.

“For clarity, Section 137 (1) (d) of the 1999 Constitution (as amended) provides that:(1) A person shall not be qualified for election to the office of President if….(d) He is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offence involving dishonesty or fraud (by whatever name called) or for any other offence, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal.

“The import of the foregoing is that under the 1999 Constitution (as amended), having been so convicted and fined and having acceded to the sentencing by way of forfeiture of $460,000 and having not received any state pardon or acquitted by any court of competent jurisdiction, Asiwaju Tinubu remains a convict and the consequential effect is that he cannot contest election at any level in Nigeria.

“The effect is that the listing of the name of Bola Tinubu, who stands allegedly convicted by a court of competent jurisdiction on the ballot for the 2023 presidential election is by the virtue of Section 137 (1) (d) of the 1999 Constitution (as amended) fundamentally illegal, invalid and must be expunged immediately.” he further noted.

Reacting to PDP’s call for Tinubu’s disqualification, the APC Presidential Campaign Council spokesperson, Festus Keyamo said that the Atiku/Okowa Organisation is a body that is deficient in ideas and originality.

Keyamo said, “Why did they wait all these months until we filed before they are now rushing to Court? I challenged them more than two months ago, yet they did nothing.

“It shows a team that is lacking in originality, lacking in ideas, and lacking in vision. It is just an attempt to create a counter suit to our own. Unfortunately for them, Nigerians have seen through them already”.