Five concerned electorates residing in the Federal Capital Territory, Abuja, have approached the Abuja Division of the Federal High Court for an order, stopping the planned swearing-in of the President-elect, Bola Tinubu, on May 29.
The plaintiffs; Osang Paul, Anyaegbunam Okoye, Chibuike Nwachukwu, David Adzer and Jeffrey Ucheh filed the suit, marked: FHC/ABJ/CS/578/2023, on April 28.
They are seeking 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, in Nigeria, as President or Vice-President of the Federal Republic of Nigeria, pending judicia determination, with finality or following the provisions of the Constitution that such candidate has fulfilled the requirement of Section 134(2) (b) of the Constitution.
More so, they 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 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 the FCT, Abuja.
“A declaration that following the February 25 presidential election and until a successor is determined by 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 per 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,” they prayed.
However, they cited the Attorney-General of the Federation and the CJN, as 1st and 2nd defendants, in the suit, respectively.