A Federal High Court, sitting in Abuja, had on Monday, adjourned the Suit No. FHC/ABJ/CS/578/222 instituted against the Attorney General of the Federation and the Chief Justice of the Federation on April 28, 2023, to stop the inauguration of Bola Ahmed Tinubu as president on May 29, 2023. The court, reacting to an application to refer the case to the Presidential Election Petition Tribunal (PEPT), fixed Thursday, May 18, 2023, for the plaintiffs, represented by Barrister Chuks Nwachukwu of Indemnity Partners, to address it on the issues of locus standi, jurisdiction and whether the case is not already before the Presidential Election Petition Tribunal (PEPT).
Speaking to The Politico by telephone, Barrister Nwachukwu said the three issues – locus standi, jurisdiction, and whether the case is not before the PEPT – the court wants the plaintiff to address it, have been dealt with in the originating summons. He added that both the Attorney General of the Federation and the Chief Justice of the Federation who had been served the originating summons are yet to appear before the court.
The Politico had earlier reported in Suit to Stop the Inauguration of Tinubu for Referral to the PEPT that the suit was instituted by some five residents of the Federal Capital Territory (FCT), acting for themselves and “representing other residents and registered voters of the Federal Capital Territory, Abuja excepting those exempting themselves,” posited four “questions for determination.”
The plaintiffs’ first question for determination is whether they, and other residents of the FCT, have the legal rights to be heard on whether the person to be declared elected as president, and consequently the administrator of the FCT through the Minister of the FCT, is mandated by Section 134(2)(b) of the constitution to obtain at least 25 percent of the votes cast in the FCT.
Another question for determination is, whether the court may restrain the swearing in of any person on May 29, 2023, or at any other date until the issue of obtaining 25 percent of the votes cast in the FCT has been determined with finality.
The plaintiffs then sought the court to declare that no candidate can be declared winner of the February 25, 2023, presidential election, and be sworn in as president on May 29, 2023, without obtaining 25 percent of the votes cast in the FCT. The plaintiffs also sought the court to declare that until the issue of the 25 percent of votes cast in FCT is finally settled, President Muhammadu Buhari should continue to serve as president and commander in chief in accordance with the provisions of Section 135 (1)(a) of the Constitution.
In the reliefs sought, the suit asked the court to give an order setting aside any declaration and/or any certificate of return issued in the February 25, 2023 presidential election, and restrain the chief justice of the federation or any other judicial officer or authority or person from swearing in any candidate in the February 25, 2023 presidential election as president or vice-president until the issues raised in the suit are judicially determined with finality.
The suit, if transferred to the PEPT, will be the fourth suit, along with those of Abubakar Atiku/ PDP, Peter Obi/Labor Party, and the Allied Peoples’ Movement (APM), for determination before the PEPT.
