ATIKU'S PETITION: APC's OBJECTION TO ATIKU'S QUALIFICATION TO CONTEST BASED ON QUESTION OF HIS NIGERIAN CITIZENSHIP.

What are the chances of APC succeeding in its objections based on the ground of Atiku's Nigerian Citizenship?

Before we delve into answering this critical question, let us consider the relevant section of the Constitution of Nigeria that has to do with the Court that has the jurisdiction to determine the question of a person's citizenship in Nigeria. This is so because it is trite law that jurisdiction is the life wire to any proceedings in any court or tribunal. Any proceedings or judgment, no matter how good or how well conducted by any court or tribunal without jurisdiction is a nullity, as one cannot build something on nothing and expect it to stand.

Having said that, the question now is: Which court has the exclusive jurisdiction or power to determine the question of citizenship of any person in Nigeria?

In response to this question, let us consider the provision of section 251 (1) (i) of the the Constitution of Nigeria, 1999 as amended.

Section 251 (1) (i) of the Constitution provides and I quote:
251 (1): Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, THE FEDERAL HIGH COURT (F.H.C) shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters relating to:
(i) Citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas.

Now in view of the above provision of the Constitution, the questions that beg for answers are:

(1) Which court has the exclusive jurisdiction to determine or decide a person's citizenship in Nigeria?

ANS: The Federal High Court (F.H.C).

(2) Has the F.H.C ever been called upon by APC or anybody at all to decide or determine any question bothering on or relating to Atiku's citizenship in Nigeria?

ANS: No.

(3) Going by the provision of the above section of the Constitution, does the APC, the Election Petition Tribunal or any other person or institution has the power to declare or pronounce Atiku or any other person a non-citizen of Nigeria?

ANS: No, because doing so will amount to usurpation of the power or jurisdiction of the F.H.C.

(4) Can the Election Petition Tribunal now exercise the power to declare or pronounce Atiku a non-citizen of Nigeria?

ANS: No, it cannot.

In view of the above questions and answers, it is my humble submission that it is very wrong for APC to, at this stage, declare that Atiku is not a citizen of Nigeria, especially in the absence of any F.H.C judgment to that effect, and then uses it as a ground to question or challenge his qualification to contest the Presidential election. It is also very wrong for APC or any person at all to bring up the issue of Atiku's citizenship for the first time at the Election Petition Tribunal. This is because doing so is akin to asking the Election Petition Tribunal to determine or decide on Atiku's citizenship in Nigeria based on the evidence before the Tribunal. Unfortunately, the Election Petition Tribunal has no jurisdiction or power to determine that question in view of section 251 (1) (i) of the Constitution.

Based on the above, I further submit that APC or any other interested person should have, first of all, proceeded to the F.H.C to challenge Atiku's qualification to contest the Presidential election based on the question of his citizenship in Nigeria. They should have even done that before the election took place, because an issue of that nature is a pre-election matter which the Election Petition Tribunal has no jurisdiction to determine. But this they failed to do. Therefore, APC's objections to Atiku's qualification on question of his citizenship is most likely going to fail, reason being that:

(1) They lack the power to declare Atiku a non-citizen of Nigeria without a supporting F.H.C judgment to that effect.
(2) The Election Petition Tribunal lacks the jurisdictional competence to decide or determine the question of Atiku's citizenship in Nigeria. It is only the F.H.C that has the exclusive jurisdiction to do so going by the provision of section 251 (1) (i) of the Constitution of Nigeria.

Cc: Lalsticlala

The case against Atiku by APC is just to divert attentions from the nitty gritty but guess what, it won't fly.

Perfect findings/writeup.
But funny enough, the country we find ourselves in, leaders don't respect the rule of law or even have time to make reference to the constitution before taking decisions...
All there are just form of distractions which will certainly fail them....

CalabarPikin:
Perfect findings/writeup.
But funny enough, the country we find ourselves in, leaders don't respect the rule of law or even have time to make reference to the constitution before taking decisions...
All there are just form of distractions which will certainly fail them....

Atiku is an appendage, there fore, he's ineligible to contest election.

engineerboat:
ATIKU'S PETITION: APC's OBJECTION TO ATIKU'S QUALIFICATION TO CONTEST BASED ON QUESTION OF HIS NIGERIAN CITIZENSHIP.

What are the chances of APC succeeding in its objections based on the ground of Atiku's Nigerian Citizenship?

Before we delve into answering this critical question, let us consider the relevant section of the Constitution of Nigeria that has to do with the Court that has the jurisdiction to determine the question of a person's citizenship in Nigeria. This is so because it is trite law that jurisdiction is the life wire to any proceedings in any court or tribunal. Any proceedings or judgment, no matter how good or how well conducted by any court or tribunal without jurisdiction is a nullity, as one cannot build something on nothing and expect it to stand.

Having said that, the question now is: Which court has the exclusive jurisdiction or power to determine the question of citizenship of any person in Nigeria?

In response to this question, let us consider the provision of section 251 (1) (i) of the the Constitution of Nigeria, 1999 as amended.

Section 251 (1) (i) of the Constitution provides and I quote:
251 (1): Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, THE FEDERAL HIGH COURT (F.H.C) shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters relating to:
(i) Citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas.

Now in view of the above provision of the Constitution, the questions that beg for answers are:

(1) Which court has the exclusive jurisdiction to determine or decide a person's citizenship in Nigeria?

ANS: The Federal High Court (F.H.C).

(2) Has the F.H.C ever been called upon by APC or anybody at all to decide or determine any question bothering on or relating to Atiku's citizenship in Nigeria?

ANS: No.

(3) Going by the provision of the above section of the Constitution, does the APC, the Election Petition Tribunal or any other person or institution has the power to declare or pronounce Atiku or any other person a non-citizen of Nigeria?

ANS: No, because doing so will amount to usurpation of the power or jurisdiction of the F.H.C.

(4) Can the Election Petition Tribunal now exercise the power to declare or pronounce Atiku a non-citizen of Nigeria?

ANS: No, it cannot.

In view of the above questions and answers, it is my humble submission that it is very wrong for APC to, at this stage, declare that Atiku is not a citizen of Nigeria, especially in the absence of any F.H.C judgment to that effect, and then uses it as a ground to question or challenge his qualification to contest the Presidential election. It is also very wrong for APC or any person at all to bring up the issue of Atiku's citizenship for the first time at the Election Petition Tribunal. This is because doing so is akin to asking the Election Petition Tribunal to determine or decide on Atiku's citizenship in Nigeria based on the evidence before the Tribunal. Unfortunately, the Election Petition Tribunal has no jurisdiction or power to determine that question in view of section 251 (1) (i) of the Constitution.

Based on the above, I further submit that APC or any other interested person should have, first of all, proceeded to the F.H.C to challenge Atiku's qualification to contest the Presidential election based on the question of his citizenship in Nigeria. They should have even done that before the election took place, because an issue of that nature is a pre-election matter which the Election Petition Tribunal has no jurisdiction to determine. But this they failed to do. Therefore, APC's objections to Atiku's qualification on question of his citizenship is most likely going to fail, reason being that:

(1) They lack the power to declare Atiku a non-citizen of Nigeria without a supporting F.H.C judgment to that effect.
(2) The Election Petition Tribunal lacks the jurisdictional competence to decide or determine the question of Atiku's citizenship in Nigeria. It is only the F.H.C that has the exclusive jurisdiction to do so going by the provision of section 251 (1) (i) of the Constitution of Nigeria.

Cc: Lalsticlala

Bla bla bla bla bla bla bla bla bla bla bla. Appendage is not qualified to contest an election in Nigeria, simple as APC. You can't re write a constitution of Nigeria to suit your candidate

Bobrisky... Another meal don land ..tasty fried chicken.. payment confirm..
Oya wey the rest of the zombies..


Meanwhile...one backyard idiotic zom keep shouting appendage!

Nairaland were even agbero dey claim sophistication..

Nigerians are following this tribunal bumper to bumper.
O.j Simpson case go be learner for this tribunal..
We going international... The victory go sweet.

Afamed:

Bla bla bla bla bla bla bla bla bla bla bla. Appendage is not qualified to contest an election in Nigeria, simple as APC. You can't re write a constitution of Nigeria to suit your candidate

have you taken your drug this morning

engineerboat:


have you taken your drug this morning

He has abused the drug it therefore doesn't work anymore!

tuniski:

He has abused the drug it therefore doesn't work anymore!

You have suddenly discovered your voice again after 7weeks of Presidential election. From Atikulated crew to Atiquiet gang. SmH