NEWS FLASH: LAWYER ASKS COURT OF APPEAL TO HALT TINUBU’S INAUGURATION
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By Adeniyi Onaara
A new motion on notice has been filed at the Court of Appeal in Abuja to prevent Asiwaju Bola Ahmed Tinubu from being sworn in as Nigeria’s future President on May 29, 2023.
The new complaint, CA/CV/259/2023, is filed by Chief Ambrose Albert Owuru, a presidential contender in the 2019 presidential election and constitutional lawyer, and his political organization, the Hope Democratic organization (HDP).
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 inauguration the 2023 President-elect on May 29.
The politician, who ran for president in 2019 on the banner of the Hope Democratic Party (HDP), wants Buhari, the AGF, and INEC to halt any further action on the 2023 presidential election, which Tinubu won.
Owuru, who claimed to be the constitutionally adjudged winner of the 2019 presidential election, argued against Tinubu or anyone else being sworn in as Buhari’s successor because he is the constitutionally adjudged winner of the 2019 election and has not spent his tenure as required by law.
Among other things, Owuru argued that President Buhari has been usurping his tenure of office since 2019 because the Supreme Court has yet to rule on his petition filed in 2019 in which he contested Buhari’s purported election victory.
Owuru asked the Court of Appeal in Abuja for “an order of prohibitory injunction compelling Buhari, AGF, and INEC, their servants, agents, and privies to preserve and give due cognizance and abstain from any 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 requested another order mandating and notifying that any type of handover inauguration, Outside the adjudged winner of the 2019 presidential election, subject of the pending appeal, Buhari’s administration remains and is viewed 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 move on notice, in that order.
Mr Odion Peter’s move on notice was served on President Buhari and AGF through their counsel, Mrs Maimuna Lami Ashiru of the Federal Ministry of Justice in Abuja, The INEC move was issued through the Head of Legal Department and Senior Advocate of Nigeria, SAN, Mr S. O Ibrahim, according to sources. The motion is supported by an 8-paragraph affidavit requesting an expedited hearing before Tinubu’s inauguration.
The affidavit testified to by an Abuja-based legal practitioner, Adebayo Anafowode, and filed before the Court of Appeal in Abuja voiced concern that Owuru’s petition against Buhari would be deemed nugatory if not heard quickly.
Meanwhile, no date has been set for the Court of Appeal to hear the case.
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