Some members of the All Progressives Congress (APC) have dragged former governor of Lagos State and presidential aspirant of the party, Asiwaju Bola Tinubu, to court over alleged discrepancies in the academic qualifications submitted to the Independent National Electoral Commission (INEC), in aid of his qualification for the 2023 presidential election.

The APC members, under the Gaskiya Youth Movement (GYM) of the ruling party, made the plea in a suit marked FHC/ABJ/CS/774/2022, filed before the court on Thursday.

While the APC and Tinubu are listed as first and second defendants, respectively, the Independent National Electoral Commission (INEC) is listed as the third defendants.

The plaintiffs listed are Umar Iliyasu, Suleiman Baba and Abubakar Adamu, who sued for themselves and on behalf of the Gaskiya group.

They asked the court to determine whether Tinubu can participate in the APC primaries or that of any other political party, given his “questionable educational background and date of birth.”

Specifically, the plaintiffs are accusing Tinubu of giving false information in contravention of the electoral laws and constitution.

In an affidavit deposed to by one Miracle Udeaja in support of the suit, the plaintiffs submitted that “The 2nd defendant (Tinubu) presented an incorrect educational history and inconsistent dates of birth in his forms and ought to be disqualified from seeking or contesting for the office of the President of the Federal Republic of Nigeria under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

Plaintiffs further submitted that any person seeking an elective position under the Constitution of the Federal Republic of Nigeria, 1999 (as amended), who presents a false document is disqualified from that election or any subsequent elections

Amongst the issues for determination are; “whether, upon the due consideration of Section 131 of the Constitution, section 84(3) of the Electoral Act 2022, Article 20(111) and (iv) of the Constitution of the APC and Articles 9, 13 and 17 of the guidelines for the nomination of candidates for the 2023 general election issued by the APC, the 2nd defendant (Tinubu) can participate or contest in the primary election on the platform of the 1st defendant.

“Given the questionable educational background and date of birth of the 2nd defendant, amongst other questionable issues, whether the 1st defendant can allow and/or permit the participation of the 2nd defendant in the primary election for the office of the president.

“Whether the 2nd defendant can participate by presenting himself in any primary elections with any political party in Nigeria to be nominated as a presidential aspirant for the 2023 general election scheduled to take place in June 2022.”

Plaintiffs urged that where the court answers the above questions in the affirmative, then the following reliefs should be granted: A declaration that “given the questionable educational background and date of birth of the 2nd defendant,  amongst other questionable issues, the 1st defendant cannot allow and/or permit the participation of the 2nd defendant in the primary election for the office of the president.

“A declaration that the 2nd defendant cannot participate by presenting himself in any primary elections with any political party in Nigeria to be nominated as a presidential aspirant for the 2023 general election scheduled to take place in June 2022.

“An order disqualifying the 2nd defendant from contesting in the primary elections on the platform of the 1st defendant scheduled for June 7, 2022, or any other day as may be fixed by the 1st defendant having not met the statutory requirements.

“An order of perpetual injunction restraining the 2nd defendant from participating or presenting himself in any primary elections with any political party in Nigeria to be nominated as a presidential aspirant for the 2023 presidential election.”