In order to prevent the swearing-in of President-elect Bola Tinubu on May 29 until it is determined whether it is required for the winner of a presidential election to receive 25% of the vote in the FCT, the Federal High Court in Abuja has been asked to prohibit Justice Olukayode Ariwoola, the Chief Justice of Nigeria, from doing so.
Messrs. Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu filed the lawsuit.
They identified themselves as registered voters in the Federal Capital Territory (FCT), Abuja, and claimed it was unlawful for Tinubu to be proclaimed the victor of the February 25 election while receiving less than 25% of the vote there.
The relief is requested:
“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 indictment of Tinubu is being challenged in a second lawsuit.
The Court of Appeal is currently hearing a case that asks for an injunction to stop the upcoming swearing-in.
Despite the establishment of the Presidential Election Petitions Court to oversee the aftermath of the 2023 presidential election, several lawsuits were nonetheless brought.
The FCT issue also serves as one of the main arguments in the petitions filed by the People’s Democratic Party and the Labour Party against Tinubu and INEC.
In cases involving the post-presidential election, the Tribunal has jurisdiction.
