Constitutional Requirements Challenged

Lawsuit Filed to Halt Swearing-In of President-Elect; Constitutional Requirements Challenged

Lawsuit Challenges Swearing-In of President-Elect: A significant legal challenge has emerged ahead of the inauguration of President-elect Bola Tinubu on May 29. The Federal High Court in Abuja received a suit, marked FHC/ABJ/CS/578/2023, which seeks an order to prevent the Chief Justice of Nigeria, Justice Olukayode Ariwoola, and other authorities from swearing in any candidate from the February 25 presidential election until their compliance with the constitutional requirements is judicially determined.

Applicants Argue for Fulfillment of Constitutional Requirements: The suit was initiated by five residents of the Federal Capital Territory (FCT), namely Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, who identify themselves as registered voters. They emphasize the need for candidates to meet the stipulations of Section 134(2)(b) of the Constitution, which requires obtaining at least 25% of the votes cast in the FCT to be declared elected as President of the Federal Republic of Nigeria.

Demands for Maintenance of Current Presidency: The applicants also seek a declaration that the term of office of the incumbent President, Muhammadu Buhari, GCON, should endure until a successor is determined and sworn in according to the constitutional provisions outlined in Section 135(1)(a). Furthermore, they request an order to set aside or suspend any declaration or issuance of a Certificate of Return to any candidate unless it is judicially established that they fulfilled the conditions outlined in Section 134(2)(b) of the Constitution.

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