The suit filed by Tinubu loyalists led by Adekunle Rufai Omo-Aje was dismissed by the Federal High Court.
The group had intended to join the suit to defend Tinubu in the certificate forgery suit filed by the AA party against Tinubu.
In his ruling, Justice Obiora Egwuatu stated that the conditions precedent for such a joinder were not presented to the court.
The presiding Judge also stated that Omo-Aje did not establish his claim as National Chairman of the AA and did not disclose how his interest would be jeopardised if he was not joined as a defendant in the suit.
While dismissing the joinder request, Justice Egwuatu stated that the group remains a meddling interloper and busybody until their interests likely to be affected are clearly established.
According to Justice Egwuatu’s ruling, both Adekunle Rufai Omo-Aje and Ambassador Suleiman Abdumalik, who filed the joinder application on behalf of their faction, failed to meet the conditions for joining.
The Judge ruled that they also failed to make any case to persuade the court to join them.
The factional group in the joinder application sought for dismissal of the suit against Tinubu on the ground that they did not authorize the suit to be filed in the name or on behalf of the party (as party officials).
The Judge thereafter ordered the plaintiff (AA) to open its case of certificate forgery allegations against Tinubu on Friday, November 4, 2022.
Justice Egwuatu specifically ordered that witnesses in the suit must be brought before the court to enable it to determine the suit within the time stipulated by law.
Action Alliance Party in the suit is seeking the disqualification of Tinubu from the 2023 election on alleged certificate Forgery.
The party had on June 21, asked the court to restrain the Independent National Electoral Commission (INEC) from including the name of the All Progressives Congress (APC) in the ballot of the 2023 presidential election.
The party in the Writ of Summon marked: FHC/ABJ/CS/954/2022, predicated its request on the claim that both the APC and its presidential candidate, Bola Tinubu are not qualified to participate in the 2023 presidential election on alleged forgery committed by Tinubu in 1999.
The suit filed on behalf of the plaintiff by its lawyer, Mr Upkai Ukairo, claimed that Tinubu forged the university of Chicago certificate he submitted in 1999 in aid of his qualification for the 1999 governorship election in Lagos State, which was won by Tinubu.
The suit, dated and filed on June 21, has the Independent National Electoral Commission, (INEC) All Progressives Congress (APC) and Senator Bola Tinubu as 1st, 2nd and 3rd defendants respectively.