The Federal High Court in Abuja has adjourned its proceedings to consider a request for an order prohibiting Justice Olukayode Ariwoola, the Chief Justice of Nigeria, from swearing in President-elect Bola Tinubu on May 29 and extending the term of President Muhammadu Buhari pending the resolution of whether it is required that the winner of a presidential election receive 25% of the vote in the Federal Capital Territory (FCT).
The CJN and the Office of the Attorney-General of the Federation were the targets of the lawsuit, which was brought by Messrs Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu.
They had requested the following reliefs, identifying themselves as registered voters in the FCT, Abuja, and requesting “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.”
Justice Inyang Ekwo informed the plaintiffs’ attorney, Chuks Nwachukwu, at the hearing on Monday that the case had been postponed until May 18 so that he could obtain clarification on a few issues.
The judge ruled that the attorney must address the court regarding locus standi (the legal right to appear in court), jurisdiction, and whether his case has already been heard by the Presidential Election Petition Tribunal at the next adjourned date.
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