In a legal twist, President Bola Ahmed Tinubu is now at the center of another legal challenge as Chief Albert Ambrose Owuru, a presidential candidate in the 2019 general election, has taken the matter to the Supreme Court.
The contentious issue revolves around the alleged unlawful presentation of Tinubu for inauguration as President despite an ongoing legal action against the 2023 presidential poll.
Chief Owuru, a Constitutional lawyer, is invoking the doctrine of Lis Pendens, urging the Apex Court to nullify Tinubu’s inauguration as the winner of the 2023 presidential poll.
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According to Owuru, the election that produced Tinubu was an exercise in futility and illegal self-help, given the yet-to-be-determined suit against Tinubu and others at the Supreme Court.
The pending Supreme Court suit (No. SC/667/2023) features Chief A.A. Owuru and Hope Democratic Party as Appellants, with Respondents including former President Muhammadu Buhari, AGF, INEC, and Asiwaju Bola Ahmed Tinubu.
Owuru contends that Tinubu’s declaration as President by INEC is a violation of the Supreme Court and established law due to lis pendens. He argues that since Tinubu is a party in the ongoing suit before the Apex Court, he should not have presented himself for inauguration regarding any presidential poll.
This legal saga dates back to the 2019 presidential election, where Owuru contested on the platform of Hope Democratic Party (HDP).
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Despite INEC’s declaration of Buhari as the winner, Owuru claimed victory and filed a suit seeking a court order to declare him as the constitutional winner. Tinubu voluntarily joined this suit on May 18, 2023.
In a fresh motion on notice served on Tinubu, Chief Owuru is now seeking an order from the Supreme Court to restrain Tinubu from operating the Federation Account until the constitutional questions against the 2023 election are resolved.
Owuru, along with the civil group Hope Africa Foundation, issued a statement in Abuja asserting that Tinubu’s claim to the presidency is affected by lis pendens. They argue that Tinubu, by voluntarily joining the pending suit, has breached the doctrine, and his purported inauguration is liable to dismissal.
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As the legal battle unfolds, Nigerians are urged to exercise patience for the due and early resolution of these outstanding issues to determine the authentic Nigerian President.
This legal drama underscores the need for a meticulous examination of the constitutional and legal intricacies surrounding the 2023 presidential election.
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