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HomePoliticsFresh Action in Court Over Suit to Halt Tinubu's Swearing-In: Abuja's 25%...

Fresh Action in Court Over Suit to Halt Tinubu’s Swearing-In: Abuja’s 25% Vote Controversy

  • The Federal High Court in Abuja sets a new date for the continuation of a suit aimed at preventing Asiwaju Bola Tinubu from being sworn in as President of Nigeria due to the dispute surrounding the 25% of votes in Abuja, the Federal Capital Territory.
  • The court requires the plaintiffs’ lawyers to answer three key questions before the case can proceed.
  • The suit was filed by registered voters of the FCT, seeking declarations related to the validity of the presidential election and the requirement for obtaining 25% of votes in Abuja.

The Federal High Court in Abuja has scheduled a fresh date for the resumption of proceedings in a lawsuit seeking to halt the swearing-in of Asiwaju Bola Tinubu as the President of Nigeria.

The case centers around the controversy surrounding the allocation of 25% of votes in Abuja, the Federal Capital Territory (FCT). The court has stipulated that the plaintiffs must address three important questions through their legal representatives before the case can proceed.

The suit was filed by a group of individuals identifying themselves as registered voters of the FCT, Abuja. The plaintiffs, namely Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, are seeking specific declarations related to the presidential election.

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These include a declaration that no state in the country can be considered as the FCT for any purpose, as well as a declaration that a candidate in the presidential election must obtain at least 25% of the votes cast in the FCT in order to be validly declared elected as the President of the Federal Republic of Nigeria.

The suit also seeks a declaration that without obtaining 25% of the votes in the FCT, no candidate can be lawfully sworn in as President and Commander-in-Chief of the Armed Forces of Nigeria.

Furthermore, the plaintiffs request an order setting aside or suspending any declaration or issuance of a Certificate of Return to a candidate in the presidential election unless it is judicially determined that the candidate fulfilled the conditions stated in the constitution.

The Attorney-General of the Federation and the Chief Justice of Nigeria (CJN) have been cited as the first and second defendants, respectively, in the lawsuit.

However, during the hearing before Justice Inyang Ekwo on Monday, the judge informed the plaintiffs’ lawyer, Chuks Nwachukwu, that the case had been adjourned to May 18 to allow him time to obtain answers to certain questions.

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These questions pertain to the plaintiffs’ locus standi (right to appear in court), the court’s jurisdiction over the matter, and whether the presidential election petition tribunal is already hearing the case.

As the case continues, the outcome will have significant implications for the swearing-in of Asiwaju Bola Tinubu as Nigeria’s President and may shape the interpretation of voting requirements in the FCT.

The plaintiffs and their legal representatives must address the court’s questions, ensuring that the case proceeds in accordance with the law and principles of justice.

The following reliefs are being sought:

“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.”



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