Afam Osigwe, a Senior Advocate of Nigeria (SAN), has stated that no court in the country will grant an injunction preventing the inauguration of President-elect Bola Tinubu.
Osigwe was responding to a warning from the Directorate of State Services (DSS) that there is a scheme to ask for an interim administration and to prevent Tinubu’s inauguration through a series of violent protests and court injunctions.
In an interview with Newsmen, Osigwe stated that he would be surprised if a judge granted an injunction to prevent Tinubu, who has been proclaimed the victor of an election, from being sworn in.
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The leading lawyer explained that if a court issues an order to remove a person, it will take effect if upheld by the Supreme Court. He went on to say that society should defend the right to peaceful protest.
He said: “The right to peaceful protest should be protected by society. It is part of the right to freedom of expression. But I would be shocked if any court grants an injunction to restrain a person who has been declared the winner of an election from being sworn in.
“At the return to civil reign, while Obasanjo was declared a winner, other contestants went to court. They did so in 2003, 2007, and 2011, and I think it was only in 2015 that the losers did not approach the court. In 2019, Atiku went to court, but the winners of these elections were sworn in. It never stopped anything.
“If, hypothetically, the court gives the order to remove a person, it will take effect if it is upheld by the Supreme Court. Our laws could be such that petitions are determined before swearing in; I subscribe to that.
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“However, when somebody challenges your victory, there will be uncertainty until there is a final determination, but it should not stop the winner from assuming power.
“Someone can be removed and replaced with another person, or a rerun can be ordered. The state will not grind to a halt. It is part of our democratic process until there is a constitutional provision otherwise. We have to go with the fact that petitions must be filed within 180 days and appeals within 60 days. It is our judicial process as provided for by our constitution.”
Osigwe also chastised the DSS for publishing a public release regarding the suspected scheme, claiming that the secret police should have acted more professionally.
The lawyer stated that he would not expect a highly respected agency like the DSS to issue a statement as if they were a political party, with their loyalty to the President-elect brought into doubt.
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He said: “I don’t think it is professional. If people are plotting a coup, I do not expect a highly revered agency like the DSS to release a statement as if they were a political party, saying that they pledge their loyalty to the President-elect as if their loyalty were called into question.
“Nobody is calling their loyalty into question. If people are plotting to topple the government through undemocratic means, it is part of their statutory duties and power to sanction an arrest. If they have identified them as they claimed, then they should arrest them.
“But after a week of making that statement, no arrest has been made; making it seem like that call was just flying a kite. It didn’t seem like it was founded on any credible intelligence, and no concrete investigation seems to be going on. I don’t think the press statement put them in a good light.”
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