Abuja, May 19, 2923 -The Court of Appeal in Abuja has reserved judgment on a suit seeking prohibition of the swearing-in of the President-elect, Bola Ahmed Tinubu, on May 29.
The suit was filed by the 2019 presidential candidate of the Hope Democratic Party (HDP), Chief Ambrose Albert Owuru and the party, against President Muhammadu Buhari, Attorney-General of the Federation, Independent National Electoral Commission and Tinubu.
The appellant claims that he was the actual winner of the 2019 election and not Buhari, adding that the Supreme Court did not look at the substance of his case at the time but dismissed it for being statute-barred (filed out of time).
He alleged that Buhari has been occupying his seat, and as such, the position should be preserved for him and not anyone else.
Owuru’s application had been dismissed by the Federal High Court for being baseless and lacking in merit.
But he approached the Appeal Court for further determination of his claims.
Aside from that, Owuru hurriedly filed a motion on notice dated May 19, 2023, seeking an order of injunction prohibiting the swearing-in of President-elect Bola Tinubu, pending the determination of his appeal.
But lawyers to the respondents unanimously asked the court to dismiss the appeal with cost and affirm the decision of the Federal High Court.
Counsel for Tinubu, A. Ajibade, said the purported right which the appellant seeks to preserve by his motion had been determined against him by the Supreme Court in SC/110/2019.
“The motion is misleading and is urging this court to partake in an illegality,” he said, urging the court to dismiss the case.
But Owuru maintained that the Supreme Court has not ruled on his constitutional rights which he believes were contravened.
“Judgment in the appeal is hereby reserved and the date of Judgment will be communicated to parties,” the court held. (THE WHISPERS)
