Campaign funds: Court fixes June 27 for hearing of suit against Buhari, Atiku

Justice Ahmed Mohammed of the Federal High Court sitting in Abuja has fixed June 27, 2019, for hearing of a suit challenging the campaign funding of President Muhammadu Buhari and the Presidential Candidate of the Peoples Democratic Party (PDP), Atiku Abubakar.

The suit was filed by the presidential candidate of the National Rescue Movement, Usman Ibrahim Alhaji.

Defendants in the suit are Buhari (1st), APC (2nd), Atiku (3rd), PDP (4th) and INEC (5th).

By the suit marked FHC/ABJ/CS/191/2019, the plaintiff wants the court to nullify the participation of Buhari and Atiku in February 23, 2019 Presidential poll, because they spent more than provided for by the Electoral Act in their campaigns.

The suit was filed on behalf of the plaintiff by his lawyer, Ezekiel Ofou, who urged the court invoke Section 91(2) of the Electoral Act, 2010 to nullify the participation of Buhari and Atiku in the poll for allegedly violating the electoral laws.

At a resumed sitting on Tuesday, Gbenga Benson announced appearance for Buhari (1st), ans APC (2nd) defendants.

There was no legal representation for Atiku, PDP and the Independent National Electoral Commission, 3rd, 4th and 5th defendants respectively.

The plaintiff’s counsel, Ofou, informed the court that the matter was slated for further hearing, adding that all parties had been properly and duly served with relevant processes.

Ofou recalled that when the matter came up on March 26, the 1st and 2nd defendants were just served on March 22; on account of that, the matter was adjourned for further hearing.

Consequently, Ofou said “pursuant to Order 8 Rule 1 of the Federal High Court Rules, I urge the court to deem this matter mentioned.

The plaintiff’s counsel therefore prayed Justice Mohammed to slate the matter for hearing.

Counsel for the 1st and 2nd defendants did not raise any objection to the plaintiff’s application.

In view of the foregoing, the court fixed June 27, for hearing of the suit, and further directed that hearing notices be served on the 3rd, 4th and 5th defendants.

Specifically, the plaintiff is praying the court to set aside the participation of Buhari and Atiku on the ground that they spent more than one billion Naira each as campaign expenses.

The plaintiff claimed that by spending more than one billion Naira each, Buhari and Atiku had violated the electoral law and are liable to be removed as contestants in the election.

In the legal action, the plaintiff wants a declaration that the 1st and 3rd Defendants have brazenly and flagrantly violated the provisions of Section 91 (2) of the Electoral Act 2010 (as Amended), having exceeded the maximum legally allowable N1,000,000,000.00 election expenditure for presidential candidates, taking into cognizance, the excessive, profligate and continuous extravagant presidential campaigns of the 1st and 3rd Defendants since their emergence as presidential candidates of their respective political parties.

“A declaration that the 1st Defendant unauthorized use of state resources brand-named ‘TRADERMONI’ with which the 1st Defendant through his running mate, Prof Yemi Osinbajo has employed to tacitly induce electorates in exchange for their votes amount to fraud covered within section 124 (1)(a);(b);(c); and Section 130 of the Electoral Act.

“A declaration that branded items such as bags of fertilizers, bags of rice, being distributed to electorates at campaign rallies by the 1st and 3rd Defendants amount to inducement of electorates in exchange for votes and a fraud covered within section 124 (1)(a);(b);(c); and Section 130 of the Electoral Act.

“A declaration  that the actions of the 1st and 3rd Defendants in all the circumstances and the silence of the 5th Defendant thereto, amount to discrimination, bias, bigotry and a denial of a level playing field against the Plaintiff and portrays Nigeria to the world as a country ,where politics is only for the rich, high and mighty and not for young enterprising and growing political parties.

Consqeuently, the plaintiff is praying for an order Court directing the 5th Defendant to expunge the names of the 2nd and 4th Defendants from the presidential ballot papers so as to rescue Nigeria democracy from money bags, the influence of money, also, to prevent the undue use of money, and to preserve the people’s sovereignty as enshrined in Section 14(2) (a) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended).

At the last adjourned date, the court had noted that Buhari and Atiku were duly served through substitutend means as ordered by the court on March 5.

Following the absence of counsel for the Buhari and Atiku, even though they were served, Ofou had urged the court to deem the matter for hearing.

But being a suit commenced by way of originating summons, Justice Mohammed observed that the defendants were still within the 30 days period for a party to file a response in a suit.

Ofou agreed with the judge and the court had to adjourn the suit for further mention to May 7