The Federal High Court sitting in Abuja has been asked to bar the Chief Justice of Nigeria, Justice Olukayode Ariwoola from swearing-in the President-elect, Bola Tinubu, on May 29 pending the determination of whether it is compulsory for the winner in a presidential election to get 25% of votes in the FCT.
The suit was filed by Messrs Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu.
Describing themselves as registered voters of the FCT, Abuja, they alleged it was unconstitutional for Tinubu to be declared winner of the February 25 election despite failing to score 25 percent votes in FCT.
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.
“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.
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.
The Tribunal is vested with jurisdiction in post presidential-election-related cases.