The Federal High Court in Abuja has received a lawsuit requesting an injunction to stop President-elect Bola Tinubu from being sworn in on May 29.
The suit, filed by five Federal Capital Territory residents and designated FHC/ABJ/CS/578/2023, urged the court to enjoin Justice Olukayode Ariwoola, the Chief Justice of Nigeria, from swearing in any candidate for the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria.
The statement continued, “This should continue until such time as such candidate has satisfied the requirement of Section 134(2)(b) of the Constitution, as determined by judicial determination with finality or in accordance with the provisions of the Constitution.”
Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, the five petitioners, claimed themselves as FCT residents with valid voting registrations.
A statement that no state of the nation may serve as the FCT simultaneously for any purpose, including, in particular, those covered by section 134(2)(b) of the Constitution, was part of the lawsuit.
“A statement that no contender for president in the country’s election on February 25 may be legitimately proclaimed elected without receiving at least 25% of the votes cast in the FCT, Abuja.
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“A proclamation that states no candidate in the February 25 presidential election may legitimately take the oath of office as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria without first receiving 25% of the vote in the FCT, Abuja.
“A declaration that 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 following the February 25 presidential election and until a successor is determined in accordance with the provisions of the Constitution and sworn in.”
The lawsuit demanded “an order setting aside or suspending any declaration and/or issuance of a Certificate of a Return to any candidate in the country’s February 25 presidential election 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,” according to the suit, which named the Attorney-General of the Federation as first respondent and the CJN as second respondent.