Abuja Residents Drag Tinubu To Court To Stop His Inauguration 

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Ayuba Sanusi 

SOME residents of the Federal Capital Territory (FCT)/ have approached a Federal High Court in Abuja asking it to stop the inauguration of Asiwaju Bola Ahmed Tinubu as president on 29 May following his failure to secure 25% of votes in the federal capital.

Balogun Sofiyullahi, a legal practitioner who shared the suit file, said that the matter was already before the Presidential Election Petition Tribunal and that it was the only court that can decide on pre-election matters.

One of the arguments of the opposition parties at the ongoing presidential election petition tribunal sitting is that Tinubu did not secure 25% of the votes in the FCT and, therefore, could not be sworn in as president.

Prominent legal practitioners have shared different perspectives, including Femi Falana, who argued that the FCT did not have a special status and that it shall be treated as a state, as explained in the Nigerian constitution.

Despite the position of the senior advocate, both Atiku Abubakar and Peter Obi of the Peoples Democratic Party (PDP) and the Labour Party,  respectively, have argued that Tinubu cannot be sworn in because he did not secure 25% of the votes in the FCT.

Sharing the document on Friday after, Sofiyullahi said: “Some Abuja residents have approached the Federal High Court in a bid to stop the swearing-in of @officialABAT.

“This is on the basis that he failed to secure 25% in FCT, Abuja.

“This is a matter that is before the Tribunal and only the election petition tribunal has jurisdiction over post-election matters.”

In the suit with identification number FHC/ABJ/CS/578/2023, the Plaintiffs including Anyaegbunam Ubaka Okoye, David Aondover Adzer, Jeffrey Oheobeh Ucheh, Osang Paul and Cbibuike Nwachukwu (for themselves and as representing other residents and registered voters of the Federal capital territory, Abuja, excepting those exempting themselves) are praying the court to determine the following,  among others.  

  1. Whether the Plaintiffs and other residents and registered voters of the Federal Capital Territory Abuja have a legal interest in, and therefore a constitutional right to be heard on, the question of whether or not the person who is to be elected President of the Federal Republic of Nigeria, and consequently administrator of the Territory through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority, on the first ballot is required by Section 134(2)(b) of the Constitution to obtain at least 25% of the votes cast in the Federal Capital Territory.
  1. Whether  the Plaintiffs and other residents and registered voters in the Federal Capital Territory Abuja would not be discriminated against if any state within the Federal Republic of Nigeria were substituted for the Federal Capital Territory Abuja for the purpose of the application of Section 134(2)(b) of the Constitution in only
  1. Whether any candidate in the 25 February 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 Federal Capital Territory through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority without securing 25% of votes cast in the 25 February election. 
  1. Whether the court may restrain the swearing-in of any person on 29 May 2023 or any other date until the issues raised in the summons have been determined with finality.

The Plaintiffs are therefore seeking the following reliefs: 

  1. A declaration that the Plaintiffs and other residents and registered voters of the Federal Capital Territory Abuja have a legal interest in, and therefore a constitutional right to be heard on, the question of whether or not the person who is to be elected President of the Federal Republic of Nigeria, and consequently, administrator of the Territory through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority, on the first ballot is  required by Section 134(2)(b) of the Constitution to obtain at least 25% of the votes cast in the Federal Capital Territory.
  1. A declaration that the Plaintiffs and other residents and registered voters of the Federal Capital Territory, Abuja may not be denied the interest that the Constitution gives to them in the acceptability amongst them of the person who is elected President of the country and therefore administrator of the Territory through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority by the requirements contained in Section 134(2)(b) thereof that such person must obtain at least 25% of the votes cast in the Federal Capital Territory on the first ballot.
  1. A declaration that the Plaintiffs and other residents and registered voters of the Federal Capital Territory Abuja may not be discriminated against in juxtaposition with the residents and voters of the states of the country in the determination of whether or not any candidate in the 25th February presidential election fulfilled the conditions to be declared elected as stated at Section 134(2)(b)) of the Constitution by means of substituting any state for the Federal Capital Territory.
  1. A declaration that no state of the country is at the same time the Federal Capital Territory for any purpose whatsoever, including, in particular, under Section 134(2)(b) of the Constitution.
  1. A declaration that no candidate in the 25th February presidential election in the country may validly be declared elected President of the Federal Republic of Nigeria without that candidate obtaining 25% of the votes cast in the Federal Capital Territory Abuja.
  1. A declaration that no candidate in the 25th February 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 the Federal Capital Territory Abuja.
  1. A declaration that following the 25th February presidential election and until a successor is determined in accordance with the provisions of the Constitution, and sworn in, the tenure of office of His Excellency, Muhammadu Buhari, GCON, as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria subsist and endures in accordance with the provisions of Section l135(1)(c) of the Constitution.
  1. An order setting aside or suspending any declaration and/or issuance of a certificate of return to any candidate in the 25th February 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 at Section 134(2)(b) of the Constitution.
  1. An order restraining the Chief Justice of Nigeria, any other judicial officer and/or any other authority or person from swearing in any candidate in the 25th February presidential election as President or Vice-President of the Federal Republic of Nigeria until it is judicially determined with finality in accordance with the provisions of the Constitution that such candidate has fulfilled the requirements of Section 134(2)(b) of the Constitution.

Listed as defendants in the suit are Attotney-General of the Federation and the Honourable Chief Justice of Nigeria.   

Eighteen-Eleven Media scooped that the suit is yet to be assigned to a court.  

 

Eighteen-Eleven Media 

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