LAWYER HAS PETITIONED THE COURT OF APPEAL TO PREVENT TINUBU'S INAUGURATION
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 future President on May 29, 2023.
The new complaint, CA/CV/259/2023, is filed by Chief Ambrose Albert Owuru, a presidential contender in the 2019 presidential election and constitutional lawyer, and his political organization, the Hope Democratic organization (HDP).
The politician, who ran for president in 2019 on the banner 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 argued 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 contested Buhari's purported election victory.
In his application on notice, CA/CV/259/2023, filed at the Court of Appeal in Abuja, Owuru sought, "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 sought another order directing and notifying that any form of handover inauguration organized and superintended by Buhari on May 29, 2023, outside the adjudged winner of the 2019 presidential election, the subject of the pending appeal, remains and is regarded as a "interim place holder" administration pending the hearing and determination of his substantive appeal on constitutional interpretation thereof.
President Muhammadu Buhari, the Attorney General of the Federation (AGF) and Minister of Justice, and the Independent National Electoral Commission (INEC) are named as respondents in the motion on notice, in that order.
Mr Odion Peter's motion on notice was served on President Buhari and the AGF via their counsel, Mrs Maimuna Lami Ashiru of the Federal Ministry of Justice in Abuja, while the INEC was served via the Head of Legal Department and Senior Advocate of Nigeria, SAN, Mr S. O Ibrahim.
MON DIARIES noted that the application is accompanied by an eight-paragraph affidavit requesting an expedited hearing before Tinubu's inauguration.
The affidavit testified to by an Abuja-based legal practitioner, Adebayo Anafowode, and filed before the Court of Appeal in Abuja voiced concern that Owuru's petition against Buhari would be deemed nugatory if not heard quickly.
Meanwhile, no date has been set for the Court of Appeal to hear the case.
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