Kemisola Oye
JUSTICE Inyang Ekwo of a Federal High Court sitting in Abuja has ordered residents of the Federal Capital Territory (FCT) to respond to issues of jurisdiction over their application seeking to stop the inauguration of president-elect, Bola Ahmed Tinubu on 29 May 2023.
The judge earlier today directed the residents and voters in the FCT to address the court on their locus standi, jurisdiction and whether there is a similar matter before the Presidential Election Petition Tribunal.
At the resumed hearing, counsel for the FCT residents, Mr Chuks Nwachukwu told the court that they filed the ex parte application and originated motions seeking a referral of the constitutional matters to the Court of Appeal for interpretation.
The residents are seeking a determination of Section 134 (2)(b) of the Nigerian Constitution 1999 on any candidate in the 25 February presidential election who did not fulfil the requirements of the 25 per cent of the votes in the FCT.
The plaintiffs in the suit are represented by Anyaegbunam Ubaka Okoye, David Aondover Adzer, Jeffrey Oheobeh Ucheh, Osang Paul and Chibuke Nwachukwu and are seeking an order of court restraining the Chief Justice of Nigeria (CJN) and any judicial officer and/or any authority or persons from swearing in any candidate in the 25 February presidential election as president or vice president.
They are also praying the court for an order setting aside or suspending any declaration and/or issuance of a certificate of return to any candidate in the 25 February presidential election in the country or 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.”
After Nwachukwu’s submission, Justice Ekwo directed the Plaintiff to address the court on jurisdiction and subsequently adjourned the matter to 18 May 2023.
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