The presidential election
petitions tribunal has dismissed the suit filed by the Hope Democratic Party
(HDP) and Ambrose Oworu, its presidential candidate, seeking to stop President
Muhammadu Buhari’s inauguration.
The party and its presidential
candidate are seeking an order from the tribunal to restrain Tanko Muhammad,
acting chief justice of Nigeria, from administering the oath of office on
Buhari on May 29.
“A restraining order by this
court is appropriate to preserve the subject matter of this petition and
prevent the first respondent foisting a fiat accompli and state of helplessness
on the court and render the petition nugatory,” the motion had read.
“The law is settled that once the
question of the validity of Election of any person is challenged as to whether
he is validly elected or not, the person is not competent to take office or
assume the seat of power until the matter is dealt with.”
However, a three-man panel lead
by Joseph Ikyechi dismissed the application for lacking merit.
Respondents in the suit which
includes Buhari, the All Progressives Congress (APC), and the Independent
National Electoral Commission (INEC), faulted the application and asked the
tribunal to dismiss it for lacking merit.
Emmanuel Njoku, counsel to Owuru
and HDP, had backed their suit with sections 1 (2), 6 (6) 139, and 239 of the
1999 Constitution (as amended).
But Wole Olanipekun, Buhari’s
counsel; Ustaz Usman, INEC counsel, and Akin Olujimi, APC counsel, all sought
the tribunal to dismiss the application for being incompetent.
Other petitions before the
tribunal include those of Peoples Democraic Party and Atiku Abubakar, its
candidate; Geff Chizee Ojinka of the Coalition for Change (CC); and Aminchi
Habu of the Peoples Democratic Movement (PDM).
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