COURT ASKED TO DISQUALIFY BEN BRUCE FROM CONTESTING SENATORIAL ELECTION

COURT ASKED TO DISQUALIFY BEN BRUCE FROM CONTESTING SENATORIAL ELECTION

A Federal High Court sitting has been asked to determine whether a man
with a dual citizenship can aspire to become a Senator of the Federal
Republic of Nigeria in a suit that is capable of determining the fate of
several Nigerians that has voluntarily acquire citizenship of other countries.
It is also the hurdle that the Chairman of Silverbird group, Mr Ben Murray
Bruce may have to cross before his dream of becoming a Nigerian Senator
can be fulfilled as his possession of an American citizenship has become an
issue.
Gavel International had exclusively reported last week that the dual
citizenship of Mr Murray Bruce may become a subject of litigation.
A contestant in the senatorial race with Bruce in the Bayelsa East
Senatorial district under the Peoples’ Democratic Party (PDP), Chief
Anthony George-Ikoli SAN has approached the Federal High Court to
determine the issue of Bruce dual citizenship. Chief George-Ikoli is the first
Senior Advocate of Nigeria from Bayelsa State. He is also the grandson of
foremost nationalist, Ernest Ikoli. George –Ikoli is the immediate past
Attorney General of the state under the governorship of Timipre Sylva.
Bayelsa East Senatorial district comprises of three local governments
namely Brass, Nembe, and Ogbia Local governments. Four people contested
for the senatorial slot. They are Bruce, George-Ikoli, Madam Irene Digitemi,
and Mr Nelson Belief. The leadership of the PDP at the state had allegedly
prevailed upon other candidates to step down for Bruce on account of his
closeness to President Goodluck Jonathan.
The Originating Summons filed before the Court by Chief George-Ikoli seeks
the court to determine the following issues:
Whether having regard to the combined provisions of Sections 66(1)(a) and
28(1) of the constitution of the Federal Republic of Nigeria (as amended),
an aspirant for the elective office of the Senator of the Federal Republic of
Nigeria, who whilst voluntarily acquiring the citizenship of another country
(that is the United States of America) and in the process of which he (the
aspirant) declares on oath, the absolute and entire renunciation of
citizenship of and allegiance and fidelity to Nigeria can without more be
eligible and seek election to the office of Senator of the Federal Republic of
Nigeria;
Whether an aspirant to the elective office of the Senator of the Federal
Republic of Nigeria, who has declared under oath, that “he will support and
defend the constitution of the United States of America, and he absolutely
and entirely renounces and abjures all allegiance and fidelity to every
prince, potentate, state or sovereignty, (including the Federal Republic of
Nigeria) of whom or which he was heretofore a subject or citizen” is eligible
by the clear provisions of the constitution of the Federal Republic of Nigeria
1999 (as amended);
Whether a citizen of the United States of America whose citizenship is
voluntarily acquired by subscription to the “Naturalization Oath of Allegiance
to the United States of America” and which oath absolutely and entirely
abjures allegiance to a foreign prince, potentate, state or sovereignty, of
whom or which he was heretofore a subject or citizen is eligible by the
plurality of the provisions of the constitution of the Federal Republic of
Nigeria (as amended) to contest for the elective office of Senator of the
Federal Republic of Nigeria;
Whether the third defendant is not wrong to accept the nomination of the
first defendant by the second defendant as its nominee for election to the
office of Senator representing Bayelsa East Senatorial District at the forth
coming 2015 National Assembly elections in view of the renunciation of the
citizenship of Nigeria by the first defendant’s subscription to the absolute,
unconditional and entire oath of allegiance of the United States of America;
Whether the first defendant having voluntarily subscribed to the absolute
oath of allegiance to the United States of America and acquired its
citizenship is not hereby ineligible to contest for the office of Senator of
the Federal Republic of Nigeria; and
Whether the second defendant is not wrong to present the first defendant
as its candidate for the election to the office of Senator representing
Bayelsa East Senatorial District
In a 15 paragraph affidavit deposed to by Chief George-Ikoli, he alleged that
after the primary elections at which he came second, he undertook an
independent investigations of the entire process leading to the primaries
and discovered that the first defendant had disclosed in the affidavit he
deposed to in INEC form C.F 001 that he had voluntarily acquired the
citizenship of the United States of America and owes allegiance to that
country.
He stated further: “I was shell shocked to know that the third defendant
cleared the first defendant to run for Bayelsa East Senatorial District
election when it is apparent on the face of the affidavit that he had
voluntarily acquired the citizenship of a country other than Nigeria”. He
therefore asked the court to declare that the candidature of the first
defendant suffers legal disability, and therefore an order disqualifying him
from contesting forth coming Bayelsa East Senatorial District elections. The
suit which was filed on March 20, 2015 is yet to be assigned to a judge.