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Nigeria: Iwu's Nationality - Court Dismisses AC's Suit
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Leadership (Abuja)
17 June 2008
Posted to the web 17 June 2008
Gowon Emakpe
A Federal High Court in Abuja, yesterday dismissed the suit by the Action Congress (AC) seeking to remove Professor Maurice Iwu as chairman of Independent National Electoral Commission (INEC), that he holds dual citizenship.
Delivering judgement on the matter, the Chief Judge of the Federal High Court, Justice Abdullahi Mustapha, said that section 28(1) of the 1999 Constitution, allows Iwu to hold dual citizen and still be qualified as chairman of INEC.
According to him Section 66(1) of the 1999 Constitution must be read together with section 28(1) of the same constitution.
Section 28(1) reads "subject to the other provisions of this section, a person shall forfeit his Nigerian citizenship if, not being a citizen of Nigeria by birth, he acquires or retains the citizenship or nationality of a country, other than Nigeria of which he is not a citizen by birth."
Justice Mustapha also held that the action is statute barred, having been brought outside the mandatory 30 days prescribed by section 2(a) of the public Officers Protection Act.
Furthermore, he said "nothing is illegal, nothing is irregular, nothing is unconstitutional about Iwu's appointment" and dismissed the application and all the reliefs sought.
The AC filed a suit at the Federal High Court seeking for the immediate removal of the chairman of INEC.
The party wants Iwu sacked becuase he holds dual citizenship as a citizen of the United States of America with conflicting declaration of allegiance.
But Iwu in his counter motion said that the action is statute barred having been brought outside the mandatory 30 days prescribed by Public Officers Protection Act.
Also, he said his appointment and confirmation by the Senate followed due process, stressing that he met all constitutional requirements before he was appointed.
AC is contending before the court that Iwu is a bonafide registered voter in the United States and as such was not qualified to be appointed as chairman of INEC.
The party is asking the court to determine whether by virtue of the combined effect of sections 28, 66(1)(9) and 15(1) of Nigerian Constitution, Iwu a Nigerian citizen with dual nationality, and conflicting declaraion of allegiance to a foreign state, United States of America, is qualified to be appointed and continue to hold or remain in office as INEC chairman.
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Also for an order of perpetual injunction restraining Iwu from continuing to act as chairman of INEC.
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