APC asks court to strike out ex-Minister Nwajuba’s suit against Tinubu

The All Progressives Congress (APC), on Wednesday, prayed a Federal High Court, Abuja, to strike out a suit filed by former Minister of State for Education, Emeka Nwajuba, against its presidential candidate, Sen. Bola Tinubu.

Mr Julius Ishola, counsel to the APC in a suit filed by Nwajuba against Tinubu and others, told Justice Zainab Abubakar shortly after the matter was called for parties to adopt their processes.

The development followed non-appearance of Nwajuba or his lawyer in court.

Our correspondent reports that the ex-minister, was one of the presidential aspirants in the party’s primary conducted to elect its candidate for the 2023 presidential election.

Nwajuba, in an amended originating summons marked: FHC/ABJ/CS/1114/2022, had sued Mr Tinubu, APC and the Independent National Electoral Commission (INEC) as 1st to 3rd defendants respectively.

Nwajuba is seeking an order of perpetual injunction restraining INEC from accepting the candidacy of Tinubu, who he said was nominated in breach of the law.

The ex-minister, who sought an order mandating INEC to immediately expunge Tinubu’s name from the list of candidates for the 2023 presidential election, sought an order returning him (Nwajuba) to the electoral umpire as the APC presidential candidate on the grounds that his nomination met the requirements of the provisions of Section 90(3) of the 2022 Electoral Act.

Our correspondent, however, observed that when the matter was called for hearing, only the lawyer representing the APC, Julius Ishola, was in court.

Ishola said that he received the notice of hearing of the court that the matter would be coming up at 12pm for adoption of processes.

He said he was ready to proceed on the case.

The lawyer, who said his counter affidavit and preliminary objection were filed on Dec. 19, adopted all his applications.

Justice Abubakar then asked Ishola about his submission on Nwajuba’s lawyer’s absence in court.

Responding, Ishola prayed the court for an order striking out the suit for want of diligent prosecution.