Chief Ambrose Albert Owuru
‘I remain constitutionally adjudged winner of 2019 election’ – Owuru, appeals May 29 inauguration of Tinubu
Fresh twist has appeared ahead of the May 29, inauguration of President-elect, BolaTinubu to succeed President Muhamadu Buhari as a lawyer and presidential candidate of the Hope Democratic Party (HDP), Chief Ambrose Albert Owuru, Tuesday, filed a motion at the Court of Appeal in Abuja seeking the termination of the planned inauguration.
The suit marked CA/CV/259/2023 filed by Chief Owuru and his political party, HDP, also seeks to bar President Buhari, Attorney General of the Federation (AGF) and the Independent National Electoral Commission (INEC) from inaugurating the 2023 President-elect on May 29.
A veteran lawyer, who also participated in the 2019 presidential elections, Owuru did not previously file any petition at the Presidential Election Petition Court (PEPC) challenging the emergence of Tinubu as winner of the February 25, 2023 poll.
Owuru, who claimed he remains the adjudged constitutional winner of the 2019 presidential election said this was on the grounds that if Tinubu is inaugurated president, or anybody else as successor to Buhari it would mean he (Owuru) has not spent his tenure as required by law.
According to Owuru, the Supreme Court is yet to determine his petition filed in 2019 in which he challenged the purported declaration of Buhari as the election winner.
Owuru is, therefore, seeking “An order of prohibitory injunction compelling Buhari, AGF and INEC, their servants, agents and privies to preserve and give due cognizance and abstain from any further undertaking or engaging in any act of usurpation of adjudged acquired Constitutional rights and mandate as winner of the 2019 presidential election.”
He also applied for another order directing and placing on notice that any form of handover inauguration, organized and Superintended by Buhari on 29th May 2023 outside the adjudged winner of the 2019 presidential election, subject of the pending appeal, remains and is viewed as an “interim place holder” administration pending the hearing and determination of his substantive appeal on constitutional interpretation thereof.
Listed as respondents in the motion on notice are; President Muhammadu Buhari, Attorney General of the Federation (AGF) and Minister of Justice and the Independent National Electoral Commission (INEC) as 1st to 3rd, respectively.
The motion on notice filed on his behalf by Mr Odion Peter has been served on President Buhari and AGF through their counsel, Mrs Maimuna Lami Ashiru of the Federal Ministry of Justice in Abuja, while that of the INEC was served through the Head of Legal Department and Senior Advocate of Nigeria, SAN, Mr S. O Ibrahim.
The 8-paragraph affidavit accompanying the appeal also prayed the Court of Appeal for expeditious hearing before the inauguration of Tinubu.
The affidavit deposed to by an Abuja based legal practitioner, Adebayo Anafowode and filed at the Court of Appeal in Abuja expressed apprehension that Owuru’s suit against Buhari would be rendered nugatory unless given quick hearing.
Meanwhile, no date has been fixed for hearing of the suit by the Court of Appeal.
