On Monday, the Abuja Federal High Court rejected an application by a faction group in the Action Coalition to stop a forgery lawsuit against APA presidential candidate Asiwaju Bola Tinubu.
The bid from a group loyal to Tinubu and headed by Adekunle Omo-Aje was rejected by the court and could not act as an interested party to defend Tinubu in the certificate forgery lawsuit brought against Tinubu by the AA side.
Judge Obiora Egwuatu, in his ruling on Omo-Aje and its faction’s application for merger, dismissed the request on the grounds that the court had no prerequisites for making such a merger application.
Among other things, Judge Egwuatu found that Omo-Aje had failed to substantiate his claims as AA National President, nor disclosed how his interests would have been prejudiced if he did not join the proceedings as a defendant.
Judge Egwuatu, while dismissing the request for union, held that the group remained a nosy interloper and busy institution until their potentially affected interests were clearly established.
In his ruling, Judge Egwuatu said that both Adekunle Omo-Aje and Ambassador Suleiman Abdulmalik, who filed a joint application on behalf of his faction, failed to meet the conditions to join.
In addition, the judges argued that they also failed to present the case in any form to sway the court to join them.
The faction groups sought in a joint petition to dismiss the lawsuits against APC and Tinubu on the grounds that they (as party officials) did not have the authority to bring suits in or on behalf of the party.
The judge has since ordered Plaintiffs (AA) to charge Tinubu with forged certificates on Friday, November 4, 2022.
Judge Egwatu specifically ordered that witnesses in the proceedings must be brought before the court so that the court can rule on the proceedings within the time required by law.
The ACT Alliance party in the lawsuit is seeking to disqualify Tinubu from the 2023 general election, citing alleged falsification of certificates.
The party had asked a court on June 21 to restrict the Independent National Electoral Commission from including the name of the All Progressive Congress on ballots for the 2023 presidential election.
The party in the summons is labeled: FHC/ABJ/CS/954/2022, and its request is based on the fact that both the APC and its presidential candidate, Bola Tinubu, are ineligible for the 2023 presidential election due to alleged forgery committed by Tinubu in 1999 offense.
The lawsuit, filed on behalf of the plaintiffs by his attorney, Mr. Upkai Ukairo, alleges that Tinubu falsified the University of Chicago credentials he submitted in 1999 to help him qualify for the 1999 Lagos state gubernatorial election, which Tinubu won.
The lawsuit, filed on June 21 and dated June 21, names the Independent National Electoral Commission, the APC and Senator Bola Tinubu as the first, second and third defendants, respectively.