Five residents of the Federal Capital Territory (FCT) on Friday approached a Federal High Court in Abuja, seeking to truncate the swearing in of the President-elect, Bola Ahmed Tinubu, on May 29.
Their argument is hinged on the inability of the ruling party and the President-elect to secure 25 percent votes in the FCT in the suit marked FHC/ABJ/CS/578/2023.
They also want an order setting aside or suspending any declaration and/or issuance of a certificate of return to any candidate in the February 25 presidential election in the country.
The five plaintiffs in the suit are: Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu.
The Attorney-General of the Federation and the Chief Justice of the Federation are joined as 1st and 2nd defendants respectively.
Persecondnews reports that a lawyer, Mr Balogun Sofiyullahi, had shared on his Twitter page on Friday the suit filed before the Federal High Court in Abuja on April 28, seeking the extension of President Buhari’s tenure until a successor is determined in accordance with the law.
The complainant in their suit 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 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.”
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