Court Fixes Date To Determine If Atiku Is A Nigerian Or Not

 

A date has been fixed by the Federal High Court sitting in Abuja to determine if a former vice president Atiku Abubakar is a Nigerian or not.

 

The court which sat on Monday, slated February 21, 2022, to deliver judgement in a suit seeking to bar former Vice President, Atiku Abubakar, from vying for presidency in 2023.

 

The suit marked FHC/ABJ/CS/177, is challenging Atiku’s eligibility on the premise that he is not a Nigerian by birth.

 

A group, under the aegis of the Incorporated Trustees of Egalitarian Mission for Africa, had in the suit, posed three legal questions for the determination of the court.

 

It asked 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?

As well as, “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?

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, which told the court that it is a Non-governmental Organization that is duly registered in 13 African countries, argued that Atiku is not a Nigerian by birth and thus not eligible to contest to become the President of Nigeria.

 

It told the court that it has 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.

 

It 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.

 

“That the 1st Defendant is not qualified to be elected into the office of the President of the Federal Republic of Nigeria”, the Plaintiff added.

 

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, threw his weight behind the suit, insisting that Atiku is not constitutionally eligible to vie for Presidency.

 

Arguing that the former Vice President is not a Nigerian by birth, Malami, noted that Atiku, whose home town, Jada, was formerly a part of Northern Cameroon, acquired Nigerian citizenship following a plebiscite that held in 1961.

 

He told the court that 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, Atiku, would be violating Section 118(1)(k) of the Electoral Act should he put himself forward as a presidential candidate.

 

“The first defendant is a Nigerian by virtue of the 1961 plebiscite, but not a Nigerian by birth. The first defendant’s parents died before the 1961 plebiscite”, Malami argued in support of a suit.

 

Malami, in an affidavit that was filed by his team of lawyers led by Oladipo Okpeseyi, SAN, argued that Atiku, having contested election to the office of the Vice President before now, even though he knew that he is not a Nigeria citizen by birth, committed an offence under Section 118(1)(k) of the Electoral Act.

 

He contended that the effect of the June1, 1961 plebiscite was to have the people of Northern Cameroon integrated into Nigeria as new citizens of the country, even after Nigeria’s independence.

 

“This qualified all those born before the 1961 plebiscIte as citizens of Nigeria, but not Nigerian citizen by birth. Consequently, only citizens born after the 1961 plebiscite are citizens of Nigeria by birth”, Malami added.

 

Citing provisions of the 1960, 1963, 1979 and 1999 Constitutions, the AGF, argued that “reasoning of the lawmakers in ensuring that the persons to be the President of Nigeria is a citizen of Nigeria by birth is because such a person is the number one citizen and the image of the Nigerian state.”

 

He told the court that where it is revealed that a person was born outside Nigeria before Nigeria’s independence in 1960, in a location which was never part of Nigeria until June 1, 1961, as in Atiku’s case, such a person cannot claim citizenship of Nigeria by birth.

 

 

He further argued that the only situation where Atiku could have acquired Nigerian citizenship by birth under the 1999 Constitution, was if both or either of his parents and grand parents were Nigerian citizens by birth.

 

He added that another way would have been if either his parents had become Nigerian citizen by virtue of Section 25(1) of the 1999 Constitution, which must be in compliance with Sections 26 and 27of the same constitution.

 

“With no concrete proof of compliance, we submit that the first defendant cannot contest election to the office of the Nigerian President”, Malami added.

 

However, in a preliminary objection he jointly filed with the PDP, Atiku, maintained that he is “a bonafide citizen of the Federal Republic of Nigeria”.

 

He told the court that aside from serving as Vice President from 1999 to 2007, he held many public/private offices in Nigeria, including serving as Governor of Adamawa State and as a Comissioned Officer of the Nigeria Customs Service.

 

He said both his parents, grandparents and great grandparents were born in Nigeria and they lived, died as Nigerians and were buried in Nigeria.

 

“I know as a fact that this suit as filed by the Trustees of the Plaintiff is aimed at maligning the person and integrity of the 1st Defendant”, Atiku’s lawyer, Chief Eyitayo Jegede, SAN, argued.

 

Querying the locus standi of the group to challenge his nationality, Atiku, argued that the Plaintiff failed to show before the court, the interest it has above other citizens of Nigeria to have the right to institute the action.

 

He told the court that he was earlier cleared when the issue of his citizenship was raised during the 2019 presidential election.

 

 

On its part, INEC, said it would abide by the decision of the Court in the matter.

 

After all the parties adopted their final briefs of argument on Monday, Justice Inyang Ekwo adjourned the case for judgement.