Court dismisses suit against Tinubu’s inauguration over 25% of FCT votes

Tunji Buhari tunji
Tunji Buhari tunji

A federal high court in Abuja has dismissed the suit filed by five residents of the federal capital territory (FCT), who sought to stop the inauguration of Bola Tinubu as president.

Inyang Ekwo, the presiding judge, on Tuesday, ordered the lawyer representing the five residents to pay the sum of N10 million each to the attorney-general of the federation and the Chief Justice of Nigeria (CJN).

The plaintiffs had averred that Tinubu failed to secure at least 25 percent of votes cast in the FCT.

The suit marked FHC/ABJ/CS/578/2023 was filed on April 28.

The plaintiffs — Anyaegbunam Okoye, David Adzer, Jeffrey Ucheh Osang Paul and Chibuike Nwanchukwu — sued for themselves and on behalf of other residents and registered voters in the FCT.

They had asked the court to determine “whether or not the person who is to be elected president of the federal republic of Nigeria, and consequently administrator of the FCT through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority, on the first ballot is required by section 134(2)(b) of the Constitution to obtain at least 25% of the votes cast in the FCT”.

The plaintiffs also wanted a declaration extending former President Buhari’s tenure, while also asking the court to set aside the certificate of return issued to Tinubu and restrain the CJN and any other judicial officer from swearing him in. 

Ruling on the case today, Ekwo held that the plaintiffs have no locus standi to file the suit.

The presiding judge said the suit can only be filed at the presidential election petition tribunal and not the federal high court.

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