The court of appeal in Abuja has received a new motion that seeks to discontinue the inauguration of Asiwaju Bola Ahmed Tinubu as the elected president, on May 29. The suit, marked CA/CV/259/2023, was instituted by Chief Ambrose Albert Owuru and his political party, Hope Democratic Party (HDP) and claims he is the winner of the 2019 presidential election.
Chief Ambrose Albert is a constitutional lawyer and also one of the presidential candidates in the general election in 2019.
Owuru in the suit prayed the court to stop further processes by President Muhammadu Buhari, Attorney General of the Federation (AGF), and the Independent National Electoral Commission (INEC) to inaugurate Tinubu as the president-elect of the country.
Owuru claimed to be the lawful winner of the presidential seat, since 2019. He further claimed that it would be unlawful for anyone to take the position of president aside from him.
He averred that as the adjudged president he has not used his tenure as stipulated in the law.
He also maintained that President Buhari has illegally taken the position since 2019, as the suit he filed in 2019 is yet to be determined by the Supreme Court.
What the applicant is seeking: The motion on notice was filed on the applicant’s behalf through his counsel Mr. Odion Peter.
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The President and AGF have been served through Mrs Maimuna Lami Ashiru their counsel.
While INEC was served through its head of the Legal Department Mr S. O Ibrahim (SAN).
Respondents in this motion include President Muhammadu Buhari, the Attorney General of the Federation (AGF) and Minister of Justice, and the Independent National Electoral Commission (INEC).
Mr. Owuru prayed for “An order of prohibitory injunction compelling Buhari, AGF, and INEC, their servants, agents, and privies to preserve and give due cognizance and abstain from any further undertaking or engaging in any act of usurpation of adjudged acquired Constitutional rights and mandate as the winner of the 2019 presidential election.”
It was supported by an 8-paragraph affidavit that sought the court for an accelerated hearing of the suit before the inauguration on May 29.
He also prayed for “An order directing and placing on notice that any form of handover inauguration, organized and Superintended by Buhari on 29th May 2023 outside the adjudged winner of the 2019 presidential election, subject of the pending appeal, remains and is viewed as an “interim place holder” administration pending the hearing and determination of his substantive appeal on the constitutional interpretation thereof. No date has been fixed by the Court of Appeal to hear this suit.