Abuja residents ask court to stop Tinubu’s May 29 inauguration pending determination of FCT’s 25% votes status

Residents of Nigeria’s capital city have approached a Federal High Court of the Federal Capital Territory (FCT) sitting in Abuja seeking an order stopping the planned May 29 inauguration pending the determination of the constitutional 25 per cent of votes cast requirement status.

In the originating Summons, cited by Oracle Today, Friday, the residents are asking the court to stop the planned May 29 inauguration of a new government of President-elect, Bola Tinubu pending the determination of the constitutional 25 per cent of votes cast requirement as it relates to the FCT status.

The plaintiffs further asked the court to make the resolve the matter of 25 per cent vote status of the FCT and for the declaration of their fundamental human rights in seeking an interpretation.

The suit marked: FHC/ABJ/CS/578/222 was dated April 28, 2023, but adopted by the court, Friday.

The suit is filed by five plaintiffs who are residents of Abuja, the capital city, listed as; Anyaegbunam Ubaka Okoye, David Aondover Adzer, Jefrey Oheobeh Ucheh, Osang Paul, Chibuike Nwachukwu.

Listed as defendants are the Attorney-General of the Federation (and Minister of Justice, Mr Abukabar Malami) and the Chief Justice of Nigeria (Justice Olukayode Ariwoola).

The plaintiffs asked the court to determine, among others;  1, Whether the plaintiffs and other residents and registered voters of the Federal Capital Territory  Abuja have a legal interest in, and therefore a constitutional right to be heard on, the question whether or not the person who is to be elected President of the Federal Republic of Nigeria, and consequently administrator of the Territory through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority on the first ballot is required by section 134(2)(b) of the Constitution to obtain at least 25% of the votes cast in the Federal Capital Territory.

2, Whether the Plaintiffs and other residents and registered voters in the Federal Capital Territory Abuja would not be discriminated against if any State within the Federal Republic of Nigeria were substituted for the Federal Capital Territory Abuja for the purpose of the application of section  134(2)(b) of the Constitution in any guise.

3, Whether any candidate in the February 25th, 2023 presidential election in the country may validly be declared elected and sworn-in as President of the Federal Republic of Nigeria and therefore the authority to administer or oversee the administration of the Federal Capital Territory through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority without fulfilling the constitutional requirement of the 25% of votes cast in the Federal Capital Territory.

4, Whether the court may restrain the swearing in of any person on May 29^th 2023 or at an any other state until the issues in the summons have been determined with finality.

The plaintiffs, therefore, sought an order ‘setting aside or suspending any declaration and/or issuance of certificate of return to any candidate in the February 25 election in the country as having being elected save and except it is judiciously determined with finality that such candidate fulfilled the conditions stated at section 134(2)(b) of the Constitution.’

Hearing in suit which has Mr Chuks Nwachukwu, as counsel to the plaintiffs, has yet to be fixed, even as there remains barely two weeks to the May 29 inauguration of President-elect Tinubu in Abuja.

The suit is also coming just as the much-awaited Presidential Election Petitions Tribunal (PEPT) holden at the Court of Appeal headquarters in Abuja, kicked-off pre-hearing session, last Monday, May 8, with conclusion still unknown.

Already, forced adjournments have began to appear despite early warning sounded by the Justices, who cautioned against delays and unprofessional conduct by counsels to petitioners and respondents.

The PEPT Presiding Justice Haruna Simon Tsammani, had Monday, kicked off pre-hearing of the court with a warning, and assurances too, to counsels representing both petitioners and respondents against acts deemed to be unprofessional and intended to unnecessarily stall proceedings at the court.

Immediately, after its inauguration and swearing-in, Monday, Justice Tsammani warned petitioners and respondents to avoid ‘unnecessary technical arguments and sectional comments.’

Also, according to Justice Tsammani, there was no need for lawyers to file time-wasting applications.

“Let us avoid giving sectional comments. We are determined to look at all the matters, and give justice,” Tsammani said.

He assured lawyers, parties and the press that the panel is not unaware of its responsibility and the importance of the case to Nigeria’s democracy and jurisprudence.

He further gave the assurance that justice will be served.

“We are determined to look at the matter dispassionately, and give justice to whoever deserves justice.”

He noted that the tribunal would consider the substance of each case over technicalities, so that whoever leaves here will be satisfied that justice has been, done.”

He warned parties against unnecessary applications that could delay proceedings.

“Knowing very well that election matters are time bound, let us avoid unnecessary technical arguments.

“The petitions to be considered today (Monday) during the pre-hearing would be the first three petitions while the 4th and 5th petitions can take off tomorrow (Tuesday).

However, barely minutes after sounding the warning, the Plateau State Governor, Simon Lalong, stepped u to introduce himself as physical representative of the All progressives Congress (APC) candidate and president-elect, Bola Tinubu.

Justice Tsammani immediately responded by rejecting the representation, telling Governor Lalong that it was unprofessional.

Justice Tsammani told Lalong that he cannot represent Tinubu because “you cannot represent an individual and as a lawyer you should know that”.

Lalong subsequently withdrew his request, stating that he would now represent the APC.

Justice Tsammani also stated that the tribunal will treat all cases on their merits and will not entertain any technicalities, as he further warned that any intentional delay tactics by the parties or their counsel will not be tolerated.

During last Wednesday’s Labour Party and its candidate, Peter Obi pre-hearing centre in their petition CA/PEPC/03/2023 with INEC, Senator Bola Ahmed Tinubu, Senator Kashim Shetima and APC as four respondents, it was discovered that counsels to the latter had not filed all replies to the former’s petition.

The situation forced the LP and its candidate, Obi to move for an adjournment till Wednesday, May 17 so as to give the APC, enough time to file relevant responses to its petition.

According to LP/Obi’s lead counsel, Mr Livy Uzoukwu, ‘it would be ripe for hearing so as to ensure no Party delays any further.’

This is also as he added that ‘they would further use this time to agree documents in contention and controversial documents and this would hasten the proceeding as the court would be able to start in proper.’

The PEPT was forced to adjourn over this perceived delay tactics deployed this early by the respondents.

On Monday, a statement from the Office of the President-elect signed by Mr. Tunde Rahman, announced that Bola Tinubu, a respondent in all three petitions filed by the PDP, LP and APM, has opted to leave the country ‘for Europe on a working visit.’

According to the statement, Tinubu left Nigeria Wednesday afternoon for Europe and ‘will use the opportunity of the trip to finetune the transition plans and programmes, and his policy options with some of his key aides without unnecessary pressures and distractions.’

The rules and guidelines concerning the petitions tribunal requires the president-elect to be physically present to defend himself.

The position also informed the rejection by the PEPT Presiding Justice of Governor Lalong’s request to represent the president-elect at the hearings.

How the PEPT intends to conclude hearing and deliver judgement before the May 29 inauguration amid mounting demands for judgement to be reached before the date, is a mystery, as fears grow in the country indicating the contrary.

“Lies upon lies. 

“Tinubu has mischievously taken a flight to safety to avoid an imminent Presidential  Elections Tribunal subpoena, wherein he’ll be docked to answer under oath, questions about his Identity, Educational Background, Dual Citizenship, Drug Trafficking, Election Rigging & other nauseating baggage that are associated with him,” said Ibrahim H. Abdulkarim, via his Twitter handle (@ziter001), Wednesday.