TheCable

Zakari Maigari and Zubainatu Mohammed, delegates to the All Progressives Congress (APC) presidential convention, have asked a federal high court in Abuja to stop the replacement of Kabiru Masari as running mate to Bola Tinubu, standard bearer of the party.

Masari was named “placeholder” of the running mate slot until Tinubu and his party decide who will be the vice-presidential candidate.

The APC, Tinubu and the Independent National Electoral Commission (INEC) were named as respondents in a suit marked FHC/ABJ/CS/1059/2022 and filed by Maigari and Mohammed.

They asked the court to determine if it is legal for Masari to be replaced as the vice-presidential candidate of the APC.

Their request was premised on the grounds of sections 142(1) and sections 29(1), 31 and 33 of the electoral act.

They also asked the court to determine if the withdrawal of Masari means the withdrawal of Tinubu from the 2023 presidential race.

“Whether having regard to the combined effect of sections 142(1) and sections 29(1), 31, and 33 of the Electoral Act, it is legally permissible for the 4 Defendant, Masari, to withdraw as the vice-presidential candidate of the 1st Defendant, APC, and the running mate of the 3 Defendant, Bola Tinubu, so as to be substituted or replaced with another person by the 1st Defendant, APC as its candidate for the office of Vice President for purpose of the February 25, 2023, Presidential Election,” the suit reads.

“Whether in view of the joint ticket provision in section 142(1) of the constitution of the federal republic of Nigeria, 1999, the withdrawal of the 4th defendant, Masari, as the candidate for the office of vice-president does not entail the automatic withdrawal of the 3rd Defendant, Tinubu, as the candidate for the office of President for purpose of the 2023 general elections.”