Not satisfied by the Supreme Court's judgment which cleared way for Vice President Atiku Abubakar to contest next Saturday's election, a prominent politician in the North, Mallam Umar Faruk yesterday sued the Action Congress (AC) Presidential candidate to the Federal High Court, asking for an order of disqualification because of the indictment over the management of the Petroleum Trust Development Fund, PTDF.
Also joined in the suit are Atiku's political party, AC and the Independent National Electoral Commission (INEC)
In the Originating Summons initiating the action, the plaintiff asked for a declaration that Atiku should be "disqualified to contest the 2007 Presidential Elections, having been indicted by the Administrative Panel of Inquiry duly constituted by the Federal Government of Nigeria, vide the report of 24th day of August, 2006 and the subsequent acceptance of the Report of the Administrative Panel of Inquiry by the Federal Government of Nigeria as contained in the Gazette of the Federal Government of Nigeria dated 24th August, 2006."
He prayed for a declaration: "That the 1st Defendant, having been indicted by the Administrative Panel of Inquiry and the Federal Government of Nigeria having accepted the indictment, is not qualified to contest election to the office of President of the Federal Republic of Nigeria on the platform of the 2nd Defendant or any other Political party, having regard to section 137(1) (i) of the Constitution of the Federal Republic of Nigeria, 1999."
He, therefore, sought for an order: "Disqualifying the Atiku for not meeting the criteria for qualification to contest for the office of President as provided under the 1999 Constitution and the Electoral Act, 2006.
"An order directing the 3rd Defendant not to include the name of the 1st Defendant among the candidates qualified to contest election to the office of the President of the Federal Republic of Nigeria in the Presidential Election scheduled for 21st April, 2007.
"An order directing the 2nd Defendant to pay the statutory fine under S.32(6) of the Electoral Act, 2006 for fielding an unqualified candidate."
Supporting the suit was an affidavit sworn to by one Anthonia Nwokenkwo, which states that Atiku was indicted by the Administrative Panel of Inquiry duly set up by the Federal Government of Nigeria and chaired by Chief Bayo Ojo (SAN)
She said that the defendant having deposed to an affidavit in his INEC forms stating that he was indicted by an Administrative Panel of Inquiry, he ought not be allowed to contest the election.
According to the plaintiff, the indictment of the 1st Plaintiff has not been set aside" and so, Atiku should be disqualified.
"The said indictment remains in force as against the 1st respondent until set aside by a competent Court of record."
She addded in the affidavit that the "action came up as result of the judgment delivered by the Supreme Court of Nigeria on the 16th day of April, 20007 to the effect that it is only the a Court of law that has powers to disqualify a candidate presented for election."
And in order to effect accelerated hearing she also swore to an affidavit of urgency in which she wanted the court to speed up hearing of the matter due its closeness to the election period.
No date has been fixed for hearing of the matter believed to be sponsored by government.
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