A fresh suit has been filed at the Federal High Court in Abuja, against the inauguration of the President-elect, Bola Tinubu, on May 29, 2023.
The suit is seeking an order to prevent the swearing-in of Asiwaju Bola Ahmed Tinubu as the next President of Nigeria.
Tinubu was declared winner of the February 25 presidential election on the platform of the All Progressives Congress (APC).
He is expected to be sworn in on May 29 by the Chief Justice of Nigeria, Justice Olukayode Ariwoola.
Despite INEC declaration of the winner, opposition candidates from other parties have contested that Tinubu did not win the presidential poll.
Amid ongoing proceedings at the Presidential Election Petition Tribunal and just 17 days before the President-elect’s inauguration, five FCT residents have approached the Abuja Division of the Federal High Court to prevent the event from taking place.
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 1999 Constitution as amended.
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.”
The plaintiffs, David Andover Adzer and four others are seeking the following reliefs: “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.”
