Developing 17 Days to Go:
Nigerians approach Court, files Fresh suit to stop TINUBU’S swearing-in May 29
…plaintiffs in the suit marked: FHC/ABJ/CS/578/2023 apply for a restraining order against the Chief Justice of Nigeria, claim BUHARI’S tenure continues as President/Commander-in-Chief of Armed Forces of the Federal Republic of Nigeria in accordance with the provisions of section 135 (1) (a) of the Constitution
*‘Registered voters of the FCT, Abuja’ whose membership are: Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu argues President-elect violates the requirement of Section 134(2) (b) of the Constitution
*Prayers to the court: “the plaintiffs and other FCT residents have a legal interest and constitutional rights to be heard on the question of whether a President-elect must secure at least 25% of votes cast, on the first ballot, in the FCT, Abuja”
*Seeking order setting aside INEC Certificate of Return to President-elect in fulfillment of the conditions stated in section 134(2) (b) of the Constitution, Attorney-General of the Federation and the CJN cited in the matter as 1st and 2nd defendants
*BY PROMISE OLUYEMI/JUDICIAL Reporter in Lagos State & KAYODE IREDE/POLITICAL Staff Writer, Abuja
ROADBLOCKS AND SPEED-BUMPS are being placed on the way of Nigeria’s President-elect, Asiwaju Bola Ahmed Tinubu barely 17 days to the scheduled swearing-in ceremony by five residents of the Federal Capital Territory, FCT, Abuja, having approached the Abuja Division of the Federal High Court for an order to halt the ceremony.
The plaintiffs, in the suit marked: FHC/ABJ/CS/578/2023, applied for an order, restraining the Chief Justice of Nigeria, Justice Olukayode Ariwoola, any other judicial officer and/or any other authority or person from swearing in any candidate in the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria, until it is judicially determined with finality or in accordance with the provisions of the Constitution that such candidate has fulfilled the requirement of Section 134(2) (b) of the Constitution.
They further want a declaration that, “the plaintiffs and other FCT residents have a legal interest and constitutional rights to be heard on the question of whether a President-elect must secure at least 25% of votes cast, on the first ballot, in the FCT, Abuja.”
“A declaration that no state of the country is at the same time the FCT for any propose whatsoever, including, in particular, under section 134 (2) (b) of the Constitution.
“A declaration that no candidate in the February 25 presidential election in the country may validly be declared elected President of the Federal Republic of Nigeria without that candidate obtaining at least 25% of the votes cast in the FCT, Abuja.
“A declaration that no candidate in the February 25 presidential election may validly be sworn in as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, without such candidate having obtained 25% of the votes case in FCT, Abuja.
“A declaration that following the February 25 presidential election and until a successor is determined in accordance with the provisions of the Constitution and sworn in, the term of office of his Excellency, Muhammadu Buhari, GCON, as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria subsists and endures in accordance with the provisions of section 135 (1) (a) of the Constitution”.
As well as, “An order setting aside or suspending any declaration and/or issuance of a Certificate of a Return to any candidate in the February 25 presidential election in the country as having been elected, save and except it is judicially determined with finality that such candidate fulfilled the conditions stated in section 134(2) (b) of the Constitution.
The five plaintiffs behind the suit, who identified themselves as “registered voters of the FCT, Abuja are; Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu.
The Attorney-General of the Federation and the CJN were cited in the matter as 1st and 2nd defendants, respectively.
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