The Abuja Federal High Court has been asked to restrain the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, from inaugurating the President-elect, Bola Tinubu, on 29th of May.
The request was made pending the determination of whether it is compulsory for the winner in a Presidential election to get 25% of votes in the FCT.
The suit was filed by Messrs Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu.
Describing themselves as registered voters of the FCT, Abuja, they claimed that Tinubu is not qualified to be winner of the February 25 Presidential poll, since he could not obtain upto 25% of the registered votes in the FCT.
The reliefs sought included:
“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.
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.”
This is the second suit to cancel Tinubu’s inauguration as president. An initial case seeking orders to cancel Tinubu’s inauguration is still pending at the Appeal Court.
These suits were filed despite the inauguration of the Presidential Election Petitions Court to preside over the fallout of the 2023 Presidential poll.
The FCT question also forms the major grounds in the petitions of the Labour Party (LP) and the People’s Democratic Party (PDP) against Tinubu and INEC.
