The Federal High Court in Abuja has been asked to restrain the Chief Justice of Nigeria or any other judicial officer from swearing in the President-elect, Asiwaju Bola Ahmed Tinubu, his Deputy, Senator kashim Shettima, or any other candidate in the February 25 presidential election.
2023 or at on any other date until the issues raised in the summons have been determined with finality”. Amongst the reliefs they are seeking from the court include a “Declaration that the plaintiffs and other residents and registered voters of the Federal Capitol Territory Abuja have legal interest in, and therefore a
“A declaration that following the February 25th presidential election and until a successor is determined in accordance with the provisions of the Constitution, and sworn in, the tenure of office of His Excellency, Muhammadu Buhari, 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 of the Constitution.
The plaintiffs, Anyaegbunam Okoye, David Adzer, Jeffrey Ucheh, Osang Paul and Chibuike Nwachukwu, who had “sued for themselves and as representing other residents and registered voters of the Federal Capital Territory, Abuja, excepting those who exempting themselves”, predicated their case on the grounds that no candidate can be sworn in as president of Nigeria without obtaining 25% of votes in the FCT in a presidential election in the country.
right to be heard on the question of 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 of the Constitution to obtain at least 25% of the votes cast in the FCT.
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