The Democratic Republic of Congo’s top court has dismissed a case that sought to bar opposition leader Moïse Katumbi from the presidential election by questioning his nationality.
Mr Katumbi, whose father was Italian, is seen as one of the main challengers to incumbent Félix Tshisekedi in December’s poll.
Dual nationality is not allowed under Congolese law.
The court ruled on Monday that the suit was “unfounded”.
Political tension is rising in the country ahead of the 20 December elections in which President Tshisekedi will be seeking a second term.
Mr Tshisekedi will also be competing against Martin Fayulu – who came second in the last election – former Prime Minister Adolphe Muzito and Nobel Prize-winning gynaecologist Denis Mukwege.
More than 20 candidates have registered to run for presidency but the country’s electoral body is set to publish the final list on 18 November after vetting all the aspirants.
Noel Tshiani, who is also among those hoping to become president, had petitioned the court to revoke Mr Katumbi’s candidacy, arguing that he was not a Congolese national.
Mr Katumbi’s father had Greek and Italian roots, reports say.
The Constitutional Court on Monday dismissed the suit against Mr Katumbi due to “lack of standing”.
Mr Katumbi’s lawyer Herve Diakiese said that there was no proof his client held any other nationality besides Congolese.
“This is the culmination of a very long struggle in the face of injustice, lies, manipulation and disinformation,” Mr Diakiese told the AFP news agency.
Mr Katumbi’s supporters were seen celebrating outside the court in the capital, Kinshasa, after the ruling.
Mr Tshiani has also proposed a draft law which seeks to allow only citizens whose parents were both Congolese to hold high political office, including the presidency.
The bill, which was initially proposed in 2021, has been approved by the parliament but not yet tabled for debate.
Critics say the bill is a plot to bolster Mr Tshisekedi’s second term bid, but the president had said that the draft law should not be used to lock out other contenders.
DR Congo’s opposition parties have opposed the bill and the Catholic clergy has described it as discriminatory.
Mr Katumbi, a wealthy businessman and former governor of the copper-rich Katanga region, left DR Congo in 2016 after he was accused of hiring mercenaries by the government of President Tshisekedi’s predecessor Joseph Kabila.
He was also sentenced to three years in prison in absentia and barred from returning to the country to take part in the 2018 election.
Mr Katumbi, however, returned home in 2019 after his charges were dropped.
