Five residents of the Federal Capital Territory have asked the Federal High Court in Abuja to stop the swearing-in of Bola Tinubu on May 29.
They filed the suit seeking a declaration that an order stopping the swearing-in until the court determines that the candidate to be sworn in has fulfilled the requirement of Section 134(2) (b) of the Constitution.
The applicants include: Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu.
Background
The applicants who identified themselves as registered voters of the FCT approached the court seeking to stop the swearing-in ceremony.
Respondents in the suit include the Attorney-General of the Federation, Abubakar Malami, and the Chief Justice of Nigeria, Justice Olukayode Ariwoola.
The applicants are asking the court to stop the AGF and CJN from swearing in any candidate in the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria.
They averred that no one should be sworn in until the court determines that the candidate has fulfilled the requirement of Section 134(2) (b) of the Constitution.
Reliefs Sought
“An order setting aside or suspending any swearing-in-ceremony, 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.
“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 cast 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”.
