Lawyer Sues INEC Over Bola Tinubu’s Nomination Forms → Kuri007 Detail ExploredAugust 6, 2022
Lawyer sues INEC over Bola Tinubu’s nomination forms → Kuri007
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A lawyer, Mike Enahoro-Ebah, has sued the Impartial Nationwide Electoral Fee (INEC) over its alleged refusal to furnish him with the licensed true copies (CTCs) of Bola Tinubu’s presidential nomination forms.
Mr Tinubu is vying for the Nigerian presidency within the 2023 election on the platform of the All Progressives Congress (APC).
Mr Enahoro-Ebah, in a movement ex-parte utility filed on 5 August on the Federal Excessive Court docket, Abuja, sued INEC as the only respondent within the matter.
Within the utility marked FHC/ABJ/CS/1337/2022, the lawyer sought an order granting him depart to use for judicial evaluate of an order of mandamus directing or compelling INEC to furnish him with the CTCs of the “nomination forms for governor and affidavits in assist of private particulars and all different paperwork…submitted to…INEC…by… Ahmed Tinubu ballfor the 1999 and 2003 Governorship Elections in Lagos State.”
The depart of courtroom is a prerequisite for a such go well with to begin totally. If the courtroom, within the train of its discretion, refuses to grant the applicant the depart, it’s going to mark the tip of the go well with.
The applicant seeks to ask the courtroom to compel the electoral umpire to launch to him the CTCs of the “Nomination Forms EC13A, EC 9, Affidavits and all different paperwork submitted to… it by and on behalf of Asiwaju Bola Ahmed Tinubu, for the 2023 Presidential Election in Nigeria.”
Mr Enahoro-Ebah mentioned he had utilized for the paperwork by way of his letters of 13 July and 22 July to INEC in compliance with Part 29 (4) of the Electoral Act, 2022; Part 1 (1) & (3); Part 2 (6) and Part 7 (4) of the Freedom of Info Act, 2011, to no avail.
Grounds of utility
The plaintiff primarily based his request for Mr Tinubu’s credentials on the grounds that they’re within the custody of INEC and thereby have change into public paperwork which he has a proper conferred on him by Part 29 (4) of the Electoral Act, 2022 and Part 1 (1) of the Freedom of Info Act, 2011.
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“The necessary statutory period of 14 (Fourteen) days inside which the respondent is to difficulty CTCs of the requested public paperwork in its custody and possession, in line with Part 29 (4) of the Electoral Act, 2022, has lapsed, due to this fact, the respondent is deemed to have refused to accede to applicant’s request/utility,” the lawyer argued in his filings.
“The appropriate of entry to public paperwork in custody and possession of the respondent is inclusive of the correct to institute civil proceedings in courtroom to compel the respondent to difficulty similar paperwork to anybody who applies for similar, as established in Part 29 (4) of the Electoral Act, 2022, and Part 1 (3), Part 2 (6) and Part 7 (4) of the Freedom of Info Act, 2011.
“The general public paperwork sought from the respondent are linked a method or one other to election and the sui generis nature of it means time is of the essence,” he mentioned.
Mr Enahoro-Ebah urged the courtroom to declare that the failure of INEC to furnish him with the CTCs of the general public paperwork in its custody quantity to “a breach of Part 29(4) of the Electoral Act, 2022 and a wrongful denial of data beneath the Freedom of Info Act, 2011.”
The case is but to be assigned to a decide.
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