The Democratic Observer General of Nigeria and the President of One love foundation, Chief Dr. Patrick Osagie Eholor Otherwise known as Ultimate equal, has recently filed a lawsuit against the Independent National Electoral Commission for its failure to take necessary actions in disqualifying the presidential candidate of the ruling All progressive Congress Bola Ahmed Tinubu as earlier proposed.
This information was disclosed in the legal document issued by a group of legal practitioners on behalf of Chief Patrick, asking INEC to take the administrative steps and exercise its investigative Powers in ensuring that the APC presidential candidate is disqualified from participating in the 2023 general elections, adding that failure to do so, will have them visit the FCT high court or other competent courts, to seek interpretation.
The two page document reads:
“We are legal practitioners to Chief Patrick Eholor (A Labour party stalwart)and Also represents incorporated trustee of One love foundation and caring,(a foremost public interest group and human rights organization).Here in after referred to as our clients.
However it has come to our clients notice , that sequel to previous conviction by USA court on the APC Presidential candidate for the 2023 presidential election in the person of Chief BOLA AHMED TINUBU and the subsequent forfeiture orders by the said USA district court on allegations of drug trafficking and further forfeiture orders on BOLA AHMED TINUBU , there is need for the Independent Electoral Commission to invoke it's constitutional powers of seeking an enquiry and calling for representations from all parties and stakeholders as it relates to the 2023 APC Presidential candidate.
It is in this regard, we humbly apply that INEC take the ADMINISTRATIVE steps to initiate it's investigative powers in this regard and where the above personality is found culpable, to further forthwith disqualify him, from the 2023 presidential elections.
More so, it is no longer news that the Presidential Candidate of the APC,in the person of Bola Ahmed Tinubu, is irredeemably and hopelessly ineligible to contest the February 2023 presidential election, having been reportedly indicted and subjected to criminal forfeiture judgement for a narcotic-related offense by a United States court in Northern Illinois.
Going further, may we draw the attention of the commission to the provisions of constitution of federal republic of Nigeria. Which by the provisions of Section 137 (1) (d) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Tinubu is not eligible to contest the presidential election in Nigeria.
The section goes thus:
“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 offense involving dishonesty or fraud (by whatever name called) or for any other offense, 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.
More-so by the above,
“Bola Tinubu Having been sentenced and fined by way of criminal forfeiture of $460,000 drug money in a criminal suit filed pursuant to the United States Criminal Code, Tinubu cannot by virtue of Section 137 (1)(d) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) seek office as President of Nigeria.
We sincerely hope, INEC will heed our application and request in this letter as otherwise, we shall after seven days on INEC receipt of this letter, approach the FCT high court and or other competent courts, to seek interpretation and or enforce our clients right by writ of mandamus herein , in this regard we hope INEC remedy this situation.we are grateful” it concluded.
Written by Melanie Joel