The federal high court in Abuja has set a fresh date for the continuation of the suit seeking to stop the swearing-in of Asiwaju Bola Tinubu as the president of Nigeria based on the controversy regarding the 25% of votes in Abuja, the Federal Capital Territory (FCT).
The court on Monday held that there are three questions those who filed the case must answer through their lawyers before the case can proceed.
OsunDaily News recalls the suit was filed by Messrs Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu who described themselves as registered voters of the FCT, Abuja.
They are seeking the following reliefs:
“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.”
The Attorney-General of the Federation and the Chief Justice of Nigeria (CJN) were cited in the matter as 1st and 2nd defendants, respectively.
However, at the hearing on Monday before Justice Inyang Ekwo, the judge told the plaintiffs’ lawyer, Chuks Nwachukwu, that the case has been adjourned to May 18 to allow him get answers to certain questions.
Justice Ekwo said the lawyer must address the court on locus standi (right to appear in court), jurisdiction, and whether his case is already before the presidential election petition Tribunal.
