The residents of the Federal Capital Territory (FCT), Abuja has scales round one in their suit to stop the inauguration of Bola Ahmed Tinubu as President of Nigeria on May 29, 2023, as the has directed them to address it on issue of jurisdiction.
The trial judge, Justice Inyang Ekwo also asked the plaintiffs represented by Mr. Anyaegbunam Okoye and four others to address the court on whether they have the legal right to file the suit and whether the matter is not already before the Presidential Election Petition Tribunal (PEPT), sitting in Abuja.
The plaintiffs, representing other residents and registered voters of the FCT in the suit, which has the Attorney General of the Federation (AGF) and the Chief Justice of Nigeria (CJN) as respondents, want the court to determine whether they would not be discriminated against if any state within Nigeria was substituted for the FCT for the purpose of the application of Section 134(2)(b) of the 1999 Constitution.
They are also asking the court to determine whether any candidate in the February 25 presidential election in the country may validly be declared elected and sworn in as president without obtaining at least 25 percent of the votes cast in the FCT.
In addition, the plaintiffs equally want the court to restrain the swearing in of any person on May 29 or on any other date until the issues raised in the summons have been determined as well as an order setting aside or suspending any declaration or issuance of a certificate of return to any candidate in the February 25 presidential election except it was judicially determined.
The plaintiffs are as well seeking an order restraining the CJN, or any other judicial officer from swearing in any candidate in the February 25 presidential election as president or vice-president until it was judicially determined with finality in accordance with the provisions of the constitution.
This, according to them, is with effect to the fact that such a candidate had fulfilled the requirements of Section 134 (2) of the constitution.
Justice Ekwo adjourned the matter till May 18, 2023 for the plaintiffs to address the court on the issue of jurisdiction, locus standi (legal right) and whether the matter is not already before the Presidential Election Petition Court.
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