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The Hope Democratic Party has filed a suit at the Federal High against the President and Transformation Ambassadors of Nigeria asking the court to restrain TAN from further campaigns for President Goodluck Jonathan.
The party, through its suit filed on Wednesday, argued that the rallies were violating provisions of the constitution.
The Hope Party is suing as defendants the following: President Jonathan, the Attorney General of the Federation, the Independent National Electoral Commission, the Secretary to the Government of the Federation, Peoples Democratic Party and the Inspector General of Police.
In its supporting affidavit, HDP argued that the rallies being organised by TAN across the nation were “encouraging unwholesome violation of the provisions of the Constitution in section 221 and undue wastage of the tax payers fund for development and engendering insecurity, sycophancy, lawlessness, militancy and youth unrest in Nigeria.” The party argued that the campaigns and rallies were violating sections 221, and 229, paragraphs 15 of the third and seventh schedules of the Nigerian Constitution 1999. It therefore asked for a restraining order prohibiting TAN from any further campaign or rallies of any form.
According to the court processes filed by HDP, the issues for determination are
“Whether by the provisions of sections of 221, 229 paragraph 15 of the third and seventh schedule of the 1999 Constitution as amended the defendants are not under a constitutional duty to protect and enforce the law, to ensure that no association including the 5th defendant (TAN) violates the law to canvass for votes for any candidates for the purpose of an election in Nigeria.
“Whether the continued violation and lack of protection of the provision of the constitution by the defendants does not weaken the fabric and structure of the federation and encourage insecurity, lawlessness, looting of the treasury and federal resources under shady guises and through unlawful means to the detriment of the nation’s economy and political stability and respectability of the Nigerian nation by its citizenry and beyond endangering good governance and an orderly and law abiding society.
“Whether the violation and lack of protection of section 221 of the 1999 Constitution by the defendants is not an abuse of power and office and dereliction of duty to the detriment of the right of the citizenry to a dignified and lawful and orderly means of political campaign and vote seeking by candidates at an election through their political parties’ platform.”
The matter has not been assigned to a Judge.
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