By Abba Gwale
Former Vice President, Alhaji Atiku Abubakar, has asked the Abuja Division of the Federal High Court, to dismiss a suit seeking to bar him from vying for the presidency.
Atiku, who was the presidential candidate of the Peoples Democratic Party, PDP, in the last general election, maintained that the suit which was lodged against him by a group under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa, lacked merit.
In a 28-paragraphed counter-affidavit deposed on his behalf by one Nanchang Ndam, the former Vice President said the suit would only succeed in “wasting the judicial/precious time of the court.’’
Aside from Atiku, other Defendants in the suit marked FHC/ABJ/CS/177, are the PDP, the Independent National Electoral Commission, INEC, and the Attorney-General of the Federation.
The Plaintiff had in its Originating Summons, posed three questions for the court to determine.
It asked the court to determine “Whether by section 25 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), is the sole authority that spells out ways by which a person can become a Nigerian citizen by birth?
“Whether by the provisions of section 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), only a Nigeria citizen by birth can contest for the office of the President of the Federal Republic of Nigeria?
“Whether by the combined interpretation of section 25(1) & (2) and 131(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and giving the circumstances surrounding the birth of the 1st Defendant (Atiku), he can be cleared by the 2nd and 3rd Defendants to contest for the office of the President of the Federal Republic of Nigeria?
Upon determination of the questions, the Plaintiff is seeking a declaration that by the provisions of the Constitution, “only a Nigerian citizen by birth can contest for the office of the President of the Federal Republic of Nigeria.
It is equally asking the court to declare that giving the circumstances surrounding Atiku’s birth, he cannot be cleared by either PDP or the INEC, to vie for the Presidency. The Plaintiff, which told the court that it was a Non-Governmental Organization that was duly registered in 13 African countries, argued that Atiku was not a Nigerian by birth and thus not eligible to contest to become the President of Nigeria.
It told the court that it had specific concerns for promoting the principles of equality, rule of law and human rights in Africa generally, but with particular interest in Nigeria.
In a 12-paragraphed affidavit deposed to by one Michael Okejimi, the Plaintiff noted that Atiku was born on December 25, 1946.
He said the 1st Defendant had in his own testimony that was gazetted and published in most national dailies, stated that he is from Jada town in Adamawa State.
“Jada used to be in Ganye Local Government Area in Adamawa. That Ganye is regarded as the mother of the whole Chamba tribe.
“That Ganye, however, was never part of Nigeria legally as at the date of birth of the 1st Defendant.
“That the area had been entrusted to Britain by a League of Nations mandate in 1919 and later as Trust Territory by the United Nations in 1946.
“That the defeat of Germany in World War 1, Cameroon became a League of Nations mandate territory and was split into French Cameroons and British Cameroons in 1919.
“That while France integrated the economy of their part of Cameroon with that of France, the British, administered theirs from neighboring Nigeria, making 1st Defendant’s Jada a British franchise.
“That a plebiscite was held in British Cameroons to determine whether the people preferred to stay in Cameroon or align with Nigeria.
“That while Northern Cameroon preferred a union with Nigeria, Southern Cameroon chose alignment with the mother country. That on June 1, 1961, Northern Cameroon became part of Nigeria, and on October 1, 1961, the Southern territory dissolved into Cameroon.
However, in the preliminary objection be jointly filed with the PDP, Atiku, maintained that he is “a bonafide citizen of the Federal Republic of Nigeria”.
