In the case of Memuna Sulaiman & 3 others v. Independent National Electoral Commission, Senator Bola Ahmed Tinubu, National Assembly and APC, the plaintiffs brought the matter alleging that Tinubu is not eligible to contest the general election of 2023 on ground of certificate Forgery and perjury.
They also contended that as card carrying member of APC who participated in the primaries that produced Tinubu based on the new Electoral Act, they have the locus standi to challenge the eligibility of the candidate even though they were not contestants in the primary election.
One of the defence counsel Bar. Galadima Mohammed who represented the National Assembly raised preliminary objection to the suit contending among others that the plaintiffs lack the locus standi as they were not contestants in the primary election, and that the action was premature as the statutory three months pre action notice required to sue National Assembly was observed by the plaintiffs. He prayed that the matter should be struck out by the court for lack of juridiction
The matter was referred by the Federal High Court to the Court of Appeals for ‘case stated’
The court of Appeal today, 23rd of December upheld the position of the learned counsel to the National Assembly and struck out the case
