Court adjourns hearing till May 18 in Abuja residents’ suit seeking halting of Tinubu’s May 29 inauguration
Federal High Court sitting in Abuja has adjourned till May 18 further hearing in the suit filed by a group of Abuja residents seeking the stopping of the planned May 29 Inauguration of President-elect, Bola Tinubu pending the determination of the status of the Federal Capital City (FCT) as it borders on the contentious 25 per cent of votes cast as mandatory for a candidate to be declared winner.
At the hearing, Monday, Presiding judge, Justice Inyang Ekwo, had asked counsel to the plaintiffs, Mr. Chuks Nwachukwu SAN, to allow him resolve the issue of locus standi of the court to adjudicate on a matter that is already before the appellant court.
The matter of the FCT 25 per cent votes cast status is already before the Presidential Elections Petitions Tribunal (PEPT) sitting at the Court of Appeal headquarters in Abuja.
The issue is also one of prayers sought by two of the leading candidates of the Peoples Democratic Party and Labour Party (LP), Atiku Abubakar and Peter Obi, respectively, in petitions filled following dispute arising from the February 25 Presidential election.
It would be recalled that, last week, a group of five persons representing residents of Abuja, the capital city, 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 of the capital city.
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 29th 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.’
However, at the first hearing in the suit, Justice Ekwo, asked counsel to the Abuja residents, Mr Nwachukwu, to allow him get clarification on the locus standi of the court to entertain the suit since it is already pending before the ongoing PEPT.
According to Justice Ekwo, the PEPT is empowered to examine fallouts of the 2023 General Elections.
The judge, therefore, adjourned till May 18 for further hearing.
The plaintiffs had sought from the court; “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.”
