On Tuesday, a Federal High Court in Abuja dismissed a lawsuit brought by five residents of the Federal Capital Territory who asked the court to stop Bola Tinubu’s inauguration as president.
Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, the five petitioners, claimed themselves as FCT residents with valid voting registrations.
According to The PUNCH, the five residents urged the court to order Justice Olukayode Ariwoola, the Chief Justice of Nigeria, and any other judicial officers, as well as any other authorities or people, not to swear in any candidates for the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria.
A statement that no state of the nation may serve as the FCT simultaneously for any purpose, including, in particular, those covered by section 134(2)(b) of the Constitution, was part of the lawsuit.
No candidate in the February 25 presidential election in the nation may legitimately be declared elected President of the Federal Republic of Nigeria until that candidate receives at least 25% of the votes cast in the FCT, Abuja.A statement that no presidential contender in the February 25 election may legitimately take the oath of office as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria without first receiving 25% of the votes cast in the 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”.
The statement continued, “This should continue until such time as such candidate has satisfied the requirement of Section 134(2)(b) of the Constitution, as determined by judicial determination with finality or in accordance with the provisions of the Constitution.”
The lawsuit demanded “an order setting aside or suspending any declaration and/or issuance of a Certificate of a Return to any candidate in the country’s February 25 presidential election 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)” The Attorney-General of the Federation was named as the first respondent and the CJN as the second respondent in the case.
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