Malami claimed that Atiku was not born a Nigerian or by Nigerian parents and having not met the provisions of Sections 25(1) &(2) and 131(a) of the constitution, he would be violating Section 118(1)(k) of the Electoral Act should he put himself forward as candidate.
These were contained in suit filed before the Federal High Court, Abuja by the Incorporated Trustees of Egalitarian Mission for Africa (EMA).
In documents filed for the AGF by a team of lawyers, led by Oladipo Okpeseyi (SAN), it was agreed that, as argued by the plaintiff, Atiku is not a Nigerian citizen by birth.
Although the suit marked: FHC/ABJ/CS/177/2019 was filed before the 2019 presidential election, it is yet to be heard and determined.
However, it was mentioned on March 15, during which Justice Inyang Ekwo noted that the suit was ripe for hearing and fixed May 4, for that purpose.
The AGF in the affidavit said;
“The first defendant (Atiku) is not qualified to contest to be President of the Federal Republic of Nigeria. The first defendant is not a fit and proper person to be a candidate for election to the office of president of the Federal Republic of Nigeria.”
“The first defendant was born on the 25th of November, 1946 at Jada, at the time in Northern Cameroon. By the plebiscite of 1961, the town of Jada was incorporated into Nigeria.”
“The first defendant is a Nigerian by virtue of the 1961 plebiscite, but not a Nigerian by birth. The first defendant’s parents died before the 1961 plebiscite.”