The Federal High Court, Abuja, has dismissed the suit filed by residents of the Federal Capital Territory (FCT) demanding an order to stop the swearing-in of the then President-elect, Bola Tinubu, on May 29, for failing to secure at least 25 percent of votes cast in the FCT.
9News Nigeria reports that the suit was dismissed this morning, June 6, 2023 for lack of jurisdiction and locus standi, the cost of N20m was also awarded against the lawyer, Chucks Nwachukwu.
Additionally, the Court directed that the case file and all processes filed should be transmitted to the Legal Practitioners Disciplinary Committee for appropriate disciplinary actions against the lawyer.
The court added that no step should be taken on this matter by the Applicants until the cost awarded is fully paid.
Recall that residents of the Federal Capital Territory numbering about five had filed a suit at the Federal High Court, Abuja, demanding an order to stop the swearing-in of the Bola Tinubu.
Tinubu of the All Progressives Congress (APC), was declared winner of the February 25 presidential poll with 8,794,726 votes.
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. The Originating Summons marked FHC/ABJ/CS/578/2023 was filed on April 28.
The complainants, through their lawyer, Chuks Nwachukwu had urged the court to stop the Chief Justice of Nigeria, Justice Olukayode Ariwoola, any other judicial officer and/or any other authority or person from swearing in any candidate in the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria.
They added that this should remain until it was judicially determined with finality or in accordance with the provisions of the Constitution that such candidate had fulfilled the requirement of Section 134(2)(b) of the Constitution.
The plaintiffs aver that Tinubu failed to secure at least 25 percent of votes cast in the FCT.
They were asking 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 percent of the votes cast in the FCT.
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