Abuja lawyer drags APC to court saying Muslim-Muslim tickets breaches Nigeria's constitution

ABUJA lawyer Osigwe Momoh has dragged the All Progressive  Congress (APC) to court for fielding presidential and vice presidential candidates of the same faith ahead of the forthcoming 2013 elections.

Last month, the APC held its presidential primaries, which were won by the former Lagos State governor Asiwaju Bola Tinubu who coasted home with 1,271 votes. Since the election, however, the APC has been in turmoil as Asiwaju Tinubu appears not to have had a running mate in place before standing.

After weeks of prevarication, he eventually picked former Borno State governor Senator Kashim Shettima as his running mate but the move has created rancour as like Asiwaju Tinubu, he is a Muslim. His choice has polarised the country as the Christian faithful feel highly marginalised and already, several senior party members have left the APC over the matter.

Adding to Asiwaju Tinubu's woes, Mr Momoh asked the court for an order of perpetual injunction restraining the Independent Electoral Commission (Inec) from publishing the name of the APC's presidential candidate for violation of the Nigerian constitution. He claimed that the decision to pick Asiwaju Tinubu and Senator Shettima, from the same religion violated the principle and the spirit of the Nigerian constitution.

In the originating summons, Mr Momoh argued that political parties must, by virtue of Chapter Two of the 1999 constitution of the Federal Republic of Nigeria, have their presidential and vice presidential candidates from different sections (tribal and religious groups) of the nation. He, therefore, sought a declaration that having the presidential and vice presidential candidates of the same religion is unconstitutional and null and void.

Mr Momoh requested the court to restrain the third defendant Inec, from publishing the candidate of the first defendant, the APC)as a presidential candidate for the forthcoming 2023 general elections. For now, no date has been fixed for hearing of the suit.