May 29: Abuja residents ask court to stop Tinubu’s inauguration

From: Godwin Tsa, Abuja

Residents of the Federal Capital Territory(FCT), Abuja, have asked the Federal High Court to stop the May 29 inauguration of the president elect, Bola Tinubu of the All Progressives Congress(APC).

In the suit marked FHC/ABJ/CS/578/2023, and filed by their counsel, Chucks Nwachukwu, the plaintiffs have 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”.

Joined as defendants in the suit are the Attorney-General of the Federation and the CJN who were cited as 1st and 2nd defendants, respectively.

The action was filed by Anyaegbunam Ubaka Okoye, David Aondover Adzer; Jeffrey Oheobeh Uche; Usang Paul and Chibuike Nwachukwu, who sued for themselves and as representing other residents and registered voters of the FCT.

In the orinating summons dated April 28, the plaintiffs 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 want the court to determine the question as to whether the plaintiffs and other residents and registered voters of the FCT have a legal interest in, and therefore a constitutional right to be heard on the question whether or not a person who is to be elected president of the Federal Republic of Nigeria, and consequently an administrator of the territory, through the Minister of the FCT and the Federal Capital Development Authority, on the first ballot is required by section 134 (2) (b), of the 1999 constitution to obtain at least 25 percent of the vote cast in the FCT.

Whether the plaintiffs and other residents and registered voters in the FCT, Abuja, would not be discriminated against if any state within the Federal Republic of Nigeria were substituted for the FCT, Abuja for the purpose of the application of section 134 (2) (b) of the 1999 Constitution in any guise.

Whether any candidate in the February 25, 2023 presidential election in the country may validly be declared elected and sworn in as President of the Federal Republic of Nigeria and therefore the authority to administer or oversee the administration of the FCT through the Minister and the Federal Capital Development Authority without that candidate obtaining at least 25 percent of the votes cast the FCT, Abuja.

Whether the court may restrain the swearing in of any person on May 29 or at any other date until the issues raised in the originating summons have been determined with finality.

They are consequently 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 cast 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”.

Also, “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”.