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 new President on May 29, 2023.
The new suit, CA/CV/259/2023, is filed by Chief Ambrose Albert Owuru, a presidential candidate in the 2019 presidential election and constitutional lawyer, and his political party, the Hope Democratic Party (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 platform 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 insisted 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 challenged Buhari’s purported election victory.
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.”
He also applied for another order directing and placing on notice that any form of handover inauguration, organized and Superintended by Buhari on 29th May 2023 outside the adjudged winner of the 2019 presidential election, subject of the pending appeal, remains and is viewed as an “interim place holder” administration pending the hearing and determination of his substantive appeal on constitutional interpretation thereof.
Listed as respondents in the motion on notice are President Muhammadu Buhari, Attorney General of the Federation (AGF) and Minister of Justice and the Independent National Electoral Commission (INEC) as 1st to 3rd, respectively.
The motion on notice filed on his behalf by Mr Odion Peter has been served on President Buhari and AGF through their counsel, Mrs Maimuna Lami Ashiru of the Federal Ministry of Justice in Abuja, while that of the INEC was served through the Head of Legal Department and Senior Advocate of Nigeria, SAN, Mr S. O Ibrahim.
The motion is supported by an eight-paragraph affidavit, according to DAILY POST, and requests an expedited hearing before Tinubu’s inauguration.
The affidavit deposed to by an Abuja based legal practitioner, Adebayo Anafowode and filed at the Court of Appeal in Abuja expressed apprehension that Owuru’s suit against Buhari would be rendered nugatory unless given quick hearing.
Meanwhile, no date has been fixed for hearing of the suit by the Court of Appeal.