Lawyer asks Appeal Court to stop Tinubu’s inauguration over 2019 election
At the Court of Appeal in Abuja, a new notice motion has been filed to prevent Asiwaju Bola Ahmed Tinubu from being inaugurated as Nigeria’s new president on May 29, 2023.
Chief Ambrose Albert Owuru, a presidential candidate in the 2019 presidential election, along with his political party, the Hope Democratic Party (HDP), have filed a new lawsuit marked CA/CV/259/2023.
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Owuru, who was admitted to the Nigerian Bar in 1982, is requesting that the Court of Appeal in Abuja prevent President Muhammadu Buhari, the Attorney General of the Federation (AGF), and the Independent National Electoral Commission (INEC) from inaugurating the President-elect of 2023 on May 29.
The politician, who ran for president in 2019 under the banner of the Hope Democratic Party (HDP), desires that Buhari, the AGF, and INEC refrain from taking any further action regarding the 2023 presidential election that Tinubu won.
Owuru, who claimed to be the constitutionally adjudged winner of the 2019 presidential election, objected to the inauguration of Tinubu or anyone else as Buhari’s successor on the grounds that he is the constitutionally adjudged winner and has not spent his tenure in accordance with the law.
Owuru insisted, among other things, that President Buhari has been usurping his office since 2019 because the Supreme Court has not ruled on his petition filed in 2019 in which he contested the ostensible declaration of Buhari as the election victor.
In his motion on notice marked CA/CV/259/2023 that was recently filed at the Court of Appeal in Abuja, Owuru requested “An order of prohibitory injunction compelling Buhari, AGF and INEC, their servants, agents, and privies to preserve and give due cognizance and abstain from further undertaking or engaging in any act of usurpation of adjudged acquired Constitutional rights and mandate as winner of the 2019 presidential election.”
He also sought an order directing and notifying that any form of handover inauguration, organised and supervised by Buhari on May 29, 2023, outside the declared winner of the 2019 presidential election, subject of the pending appeal, remains and is regarded as a “interim place holder” administration pending the hearing and determination of his substantive appeal on constitutional interpretation thereof.
President Muhammadu Buhari, the Attorney General of the Federation (AGF) and Minister of Justice, and the Independent National Electoral Commission (INEC) are listed as respondents in the motion on notice.
The motion on notice filed on his behalf by Mr Odion Peter was served on President Buhari and AGF through their counsel, Mrs Maimuna Lami Ashiru of the Federal Ministry of Justice in Abuja, and on INEC through the Head of Legal Department and Senior Advocate of Nigeria, SAN, Mr S. O Ibrahim.
Ejes Gist News Nigeria noted that the petition is supported by an 8-paragraph affidavit requesting a swift hearing by the Court of Appeal prior to Tinubu’s inauguration.
The affidavit submitted to the Court of Appeal in Abuja by an Abuja-based attorney, Adebayo Anafowode, expressed apprehension that Owuru’s suit against Buhari would be rendered null and void unless it was heard expeditiously.
In the meantime, no date has been set for the Court of Appeal to consider the case.
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