ABUJA – With barely 17 days to the scheduled swearing in of the President-elect, Asiwaju Bola Tinubu, five
residents of the Federal Capital Territory, FCT, Abuja, have approached
the Abuja Division of the Federal High Court for an order to halt the
ceremony.
The plaintiffs, in the suit marked: FHC/ABJ/CS/578/2023, applied
for an order, restraining the Chief Justice of Nigeria, Justice
Olukayode Ariwoola, any other judicial officer and/or any other
authority or person from swearing in any candidate in the February 25
presidential election as President or Vice-President of the Federal
Republic of Nigeria, until it is judicially determined with finality or
in accordance with the provisions of the Constitution that such
candidate has fulfilled the requirement of Section 134(2) (b) of the
Constitution.
They further want a declaration that, “the
plaintiffs and other FCT residents have a legal interest and
constitutional rights to be heard on the question of whether a
President-elect must secure at least 25% of votes cast, on the first
ballot, in the FCT, Abuja.”
“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
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”.
As well
as, “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.
The five plaintiffs behind the suit, who identified
themselves as “registered voters of the FCT, Abuja are; Anyaegbunam
Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu.
The Attorney-General of the Federation and the CJN were cited in the matter as 1st and 2nd defendants, respectively.
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