25% FCT votes: Court dismisses case against Tinubu
On Tuesday, a Federal High Court in Abuja dismissed a lawsuit filed by five residents of the Federal Capital Territory who asked the court to stop Bola Tinubu’s inauguration as president.
Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, the five applicants, identified themselves as registered FCT voters.
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The five plaintiffs in the lawsuit labelled FHC/ABJ/CS/578/2023 asked the court to prevent the Chief Justice of Nigeria, Justice Olukayode Ariwoola, any other judicial officer, or any other authority or person from swearing in any presidential or vice-presidential candidate in the February 25 election.
Part of the complaint stated, “A declaration that no state in the country is simultaneously the FCT for any purpose, including, in particular, under section 134 (2) (b) of the Constitution.
“A declaration that no candidate in the February 25 presidential election may be validly declared elected President of the Federal Republic of Nigeria without receiving at least 25 percent of the votes cast in the FCT, Abuja.
“Declaration that no candidate in the February 25 presidential election may be validly sworn in as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria without having received at least 25 percent of the votes cast in FCT, Abuja.
“A declaration that 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, until a successor is determined in accordance with the provisions of the Constitution and sworn in”
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It added that this provision should remain in effect until a court determines conclusively or in accordance with the provisions of the Constitution that the candidate has met the requirements of Section 134(2)(b) of the Constitution.
The suit, which named the Attorney-General of the Federation as the first respondent and the CJN as the second respondent in the matter, demanded “an order setting aside or suspending any declaration and/or issuance of a Certificate of Return to any candidate in the February 25 presidential election in the country as having been elected, unless and until it is judicially determined conclusively that such candidate fulfilled the conditions stated in section 134(2) (b) of the 1999 Constitution.”
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