EKO HOT BLOG reports that with only 17 days remaining until the scheduled inauguration of President-elect Asiwaju Bola Tinubu, a group of five residents from the Federal Capital Territory (FCT), Abuja, has filed a lawsuit at the Abuja Division of the Federal High Court seeking an order to halt the ceremony.
The plaintiffs, identified as registered voters of the FCT, Abuja, filed the suit with the number FHC/ABJ/CS/578/2023.
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They are seeking an order restraining the Chief Justice of Nigeria, Justice Olukayode Ariwoola, any other judicial officer, or authority from swearing in any candidate from the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria.
They argue that such swearing-in should only take place after it has been judicially determined or in accordance with the provisions of the Constitution that the candidate has fulfilled the requirement of Section 134(2) (b) of the Constitution.
Additionally, the plaintiffs are requesting a declaration affirming that they, as FCT residents, possess a legal interest and constitutional rights to be heard on the matter of whether a President-elect must secure at least 25% of the votes cast on the first ballot in the FCT, Abuja.
The plaintiffs further seek declarations asserting that no state in the country can be considered the FCT for any purpose, including the provisions of Section 134(2) (b) of the Constitution.
They argue that no candidate in the February 25 presidential election may be validly declared President of the Federal Republic of Nigeria without obtaining at least 25% of the votes cast in the FCT, Abuja.
They also contend that no candidate from the same election can be sworn in as President and Commander-in-Chief of the Armed Forces without meeting the 25% threshold in the FCT.
Furthermore, the plaintiffs are requesting an order declaring that the term of office of President Muhammadu Buhari, GCON, as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria continues until a successor is determined in accordance with the provisions of the Constitution and sworn in, as outlined in Section 135(1) (a) of the Constitution.
The lawsuit names the Attorney-General of the Federation and the Chief Justice of Nigeria as the first and second defendants, respectively.
The plaintiffs, namely Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, believe that their legal action is necessary to address the issue of the FCT’s role in the election and the constitutional requirements for the President-elect’s swearing-in.
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As the case unfolds, its outcome could potentially impact the planned inauguration of Asiwaju Bola Tinubu as the President of Nigeria on May 29, adding a layer of legal complexity to the already anticipated event.
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