The Attorney-General of the Federation (AGF) and Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, have been asked to refrain from swearing in President-elect Senator Bola Tinubu as the head of state on May 29 while it is being decided whether it is required for the winner of a presidential election to receive 25% of the vote in the Federal Capital Territory (FCT).
Senator Tinubu failed to secure at least 25% of the votes cast in the FC, according to the plaintiffs in the lawsuit, which also includes Messrs Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu. The lawsuit was brought before the Federal High Court in Abuja on April 28, 2023.
They identified themselves as registered voters in the Federal Capital Territory (FCT), Abuja, and claimed it was unlawful for Tinubu to be proclaimed the victor of the February 25 election while receiving less than 25% of the vote there.
The reliefs sought include, “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.
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“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”.
“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.”
This is the second suit against Tinubu’s swearing-in. There is a pending suit at the Court of Appeal seeking orders barring the scheduled swearing-in and these suits were filed despite the inauguration of the Presidential Election Petitions Court to preside over the fallout of the 2023 presidential poll. The FCT question also forms the major grounds in the petitions of the Labour Party and the People’s Democratic party, against Tinubu and INEC even as the Tribunal is vested with jurisdiction in post presidential-election-related cases.
