At the Court of Appeal in Abuja, a new move on notice has been filed in an effort to prevent Asiwaju Bola Ahmed Tinubu from becoming Nigeria’s future president on May 29, 2023.
Chief Ambrose Albert Owuru, a constitutional lawyer running for president in the 2019 election, and his political party, the Hope Democratic Party (HDP), have filed a new lawsuit with the case number CA/CV/259/2023.
Owuru, a 1982 graduate of the Nigerian Bar, has petitioned the Court of Appeal in Abuja to stop President Muhammadu Buhari, the Attorney General of the Federation (AGF), and the Independent National Electoral Commission (INEC) from swearing in the 2023 President-elect on May 29.
The politician, who ran for office in 2019 under the banner of the Hope Democratic Party (HDP), wants Buhari, the AGF, and the INEC to stop moving forward with the 2023 presidential election that Tinubu won.
Owuru, who asserted that he had been declared the constitutional winner of the 2019 presidential election, based his objections to the installation of Tinubu or anyone else as Buhari’s successor on the claim that he had not carried out the legal requirements for spending his mandate.
Owuru asserted, among other things, that since the Supreme Court has not decided his suit from 2019, in which he contested the claimed announcement of Buhari as the election winner, that Buhari has been usurping his tenure of office.
In his motion on notice marked CA/CV/259/2023 just filled at the Court of Appeal in Abuja, Owuru applied 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.”
The adjudged winner of the 2019 presidential election, who is the subject of the pending appeal, was not included in any form of handover inauguration that Buhari organized or presided over on May 29, 2023. This administration was described as a “interim place holder” while his substantive appeal on the constitutional interpretation of the election was heard and decided.
President Muhammadu Buhari, the Attorney General of the Federation (AGF), the Minister of Justice, and the Independent National Electoral Commission (INEC) are each listed as respondents in the motion on notice, in order from first to third.
President Buhari and the AGF have received notice of the motion on notice that Mr. Odion Peter filed on their behalf through the Federal Ministry of Justice in Abuja, through their counsel, Mrs. Maimuna Lami Ashiru, while INEC has received notice through the Head of Legal Department and Senior Advocate of Nigeria, SAN, Mr. S. O Ibrahim.
Newsmen noted that an affidavit of eight paragraphs, pleading for a speedy hearing before Tinubu’s inauguration, supports the motion.
Adebayo Anafowode, an Abuja-based lawyer, stated in an affidavit submitted to the Court of Appeal in Abuja that he was concerned Owuru’s lawsuit against Buhari would be abandoned if it wasn’t given a prompt hearing.
Meanwhile, no date has been fixed for hearing of the suit by the Court of Appeal.
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