A Federal High Court sitting in Abuja, on Monday, indicated that judgement in a suit seeking to bar former Vice-President, Atiku Abubakar, from vying for presidency in 2023 would be delivered on February 21, 2022.
The suit marked FHC/ABJ/CS/177, challenges Atiku’s eligibility on the premise that he was not a Nigerian by birth.
A group in the PDP tagged the Incorporated Trustees of Egalitarian Mission for Africa, posed three legal questions for the court to determination in the suit.
The group prayed the court to determine, “Whether 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 sections 25(1) and (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 fist defendant (Atiku), he can be cleared by the second and third defendants to contest for the office of the President of the Federal Republic of Nigeria?”
The plaintiff applied for 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 urged the court to declare that
“giving the circumstances surrounding Atiku’s birth, he cannot be cleared by either PDP or the Independent National Electoral Commission, INEC, to vie for Presidency.”
The plaintiff told the court that Atiku is not a Nigerian by birth, thus ineligible to contest to become the President of the country.
In a 12-paragraph affidavit deposed to by one Michael Okejimi, the plaintiff, stated that Atiku was born on December 25, 1946.
It said the first defendant had, in his own testimony that was gazetted and published in most national dailies, stated that he was 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 first 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 (following) 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 first 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.
“That Ganye, which incorporates the first defendant’s birthplace of Jada was the headquarters of British Cameroons, but it joined Nigeria following the plebiscite.
“That when the fist defendant was on November 25, 1946, born to a Fulani trader and farmer, Garba Abubakar, Jada village and other parts of Chamba land in the then Northern Cameroon, were still known as British Cameroon.
“That none of the fist defendant’s parents or grandparents was born in Nigeria. That the fist defendant’s father died a citizen of Northern Cameroon in 1957 prior the referendum of June 1, 1961, that made Northern Cameroon become part of Nigeria.
“That the first defendant’s ancestral origin is deeply rooted in the then Northern Cameroon. That the first defendant is not a Nigerian citizen by birth.
“That the first defendant is not qualified to be elected into the office of the President of the Federal Republic of Nigeria.”
Aside from Atiku, other defendants in the matter are the PDP, INEC, Attorney-General of the Federation, and the Attorney-General of Adamawa State.
Meantime, while other defendants urged the court to dismiss the case, the AGF, Abubakar Malami, SAN, said that Atiku was not eligible to vie for Presidency.
He said that Atiku, having not been born a Nigerian or by Nigerian parents, and having not met the provisions of sections 25(1) &(2) and 131(a) of the Constitution, would be violating Section 118(1)(k) of the Electoral Act should he put himself forward as a presidential candidate of the country.
