Five residents of Nigeria’s capital city, the Federal Capital Territory, Abuja have filed a suit demanding an order to stop the swearing-in of Nigeria’s president-elect, Bola Tinubu on May 29.
The suit, filed at the Federal High Court, Abuja prays to stop the Chief Justice of Nigeria, Justice Olukayode Ariwoola, any other judicial officer and/or any other authority or person from swearing in any candidate in the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria.
The five applicants —Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul and Chibuike Nwachukwu—who identified themselves as registered voters of the FCT, want “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.”
The suit also seeks to extend the reign of incumbent President Muhammadu Buhari beyond May 29, pending the resolution of the suit.
“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 subsist and endures in accordance with the provisions of section 135 (1) (a) of the Constitution”.
Nigeria had its presidential elections on February 25 in which the 36 states of the federation and the Federal Capital Territory (FCT) were won equally by the three leading candidates, twelve states each.
According to the distribution of states won, the ruling All Progressive Congress (APC) won twelve states, the Labour Party (LP) had twelve states too, while the Peoples Democratic Party also won twelve states, leaving the New Nigeria People’s Party (NNPP) with the remaining one state.
However, there have been controversies around Mr Tinubu’s victory at the polls, including allegations of electoral malpractice and a failure to meet the legal threshold. A notable legal controversy surrounds the interpretation of Section 134(2)(b) of the Nigerian constitution which states that:
“A candidate for an election to the office of President shall be deemed to have been duly elected where there being more than two candidates for the election … he has not less than one-quarter of the votes cast at the election each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”
Mr. Tinubu did not get 25% of the votes in the capital city. This is one of the grounds for the legal challenge to his victory.