A Federal High Court in Abuja has been asked to nullify the 2015 presidential election largely won by the All Progressives Congress (APC). The court was also asked to order President Muhammadu Buhari and Vice President Yemi Osinbajo to quit office as well as dissolve the Federal Executive Council (FEC)
The request was based on the ground of violation of campaign expenses limit during the polls by the APC and the Peoples Democratic Party (PDP). The argument was that the election which led to its emergence was not competent in the face of the law.
In a legal action instituted in Abuja by Hope Democratic Party, the APC and the PDP were said to have breached sections 3, 14, 15, 30 and 139 of the 1999 Constitution and sections 91 and 92 of the Electoral Act 2010 on the N1 billion campaign expenses limit.
The court action, with reference No. FHC/ACT/CS/405/2017, was instituted by Barrister Udegbunam Emmanuel on behalf of the plaintiff, one of the political parties in the country.
The defendants are APC, President Buhari, Independent National Electoral Commission, PDP and Prof. Osinbajo as 1st, 2nd, 3rd, 4th and 5th defendants respectively
The case was predicated on the recently released findings and report of the Independent National Electoral Commission on the 2015 general election review, which reportedly indicted APC and PDP for exceeding the N1 billion campaign expenses and showed specifically that APC expended about N500 billion and PDP almost N1 trillion on the poll.
The plaintiff asked the Court to determine whether by virtue of sections 3,14,15,30 and 139 of the 1999 constitution and sections 91 and 92 of the Electoral Act 2010, the May 29, 2015 inauguration of a four-year tenure government under President Buhari cannot be abridged, questioned and dissolved following the reported revelation of the INEC that the 2015 presidential election based on which the government was constituted, was predicated on violations of the laws limiting presidential campaign expenses not above or beyond N1 billion.
The court was also asked to determine whether by virtue of the provisions of the law conferred on the court under section 6(6), 14, 15 and 139 of the 1999 constitution and section 90 of the Electoral Act 2010, the Presidential Election of 2015 based on proven illegalities established by INEC was not liable to be investigated and probed and for the court to dissolve same based on the breach of the provisions of the law.
The HDP therefore sought court declaration that by virtue of the 1st, 2nd and 4th defendants reported violation of the law on campaign expenses limit, the inauguration of the APC Federal Government under Buhari was unlawful and dissolvable.
The party also applied for an express order of the court abridging the four-year tenure of the APC-led government under Buhari and dissolving the Federal Executive Council to make way for early fresh election.
In the alternative, the party said by the doctrine of necessity, the court should order immediate constitution of an all-inclusive government of national unity to be headed by its presidential candidate in the 2015 election, Chief Albert Ambrose Owuru, being the most progressive, revolutionary and visionary candidate at the election pending the conduct another election by INEC.
The HDP also sought another order of the court to bar the APC and PDP from participating and presenting candidates at such re-scheduled future presidential election.
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