BREAKING: Supreme Court Told To Nullify The Inauguration Of Tinubu As Winner Of 2023 Presidential Election (WHAT TO KNOW)

BREAKING: Supreme Court Told To Nullify The Inauguration Of Tinubu As Winner Of 2023 Presidential Election

President Bola Ahmed Tinubu is facing legal action before the Supreme Court, accused of unlawfully presenting himself for inauguration as President despite a pending legal challenge against the conduct of the 2023 presidential poll.

Citing the doctrine of Lis Pendens, Chief Albert Ambrose Owuru, a presidential candidate in the 2019 general election, is seeking to nullify Tinubu’s inauguration as the winner of the 2023 presidential poll. Owuru, a Constitutional lawyer, argues that the presidential election that produced Tinubu was an exercise in futility and illegal self-help, given his ongoing suit against Tinubu and others at the Supreme Court.

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The pending Supreme Court suit (No. SC/667/2023) has Chief A.A. Owuru and Hope Democratic Party as Appellants, with Respondents including former President Muhammadu Buhari, AGF, INEC, and Asiwaju Bola Ahmed Tinubu.

Owuru contends that Tinubu’s declaration as President by INEC is an affront to the Supreme Court and established law due to lis pendens. He argues that, as Tinubu is a party in the pending suit before the Apex Court, he should not have presented himself for inauguration regarding any presidential poll.

Owuru contested the 2019 presidential election on the platform of Hope Democratic Party (HDP), claimed to be the adjudged winner against the declaration of Buhari by INEC. His suit seeking an order of the Court to declare him the constitutional winner of the 2019 election, currently pending before the Supreme Court, was voluntarily joined by Tinubu as an interested party on May 18 this year.

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In a fresh motion on notice served on Tinubu, Owuru is also seeking an order from the Supreme Court to restrain the respondents, particularly Asiwaju Bola Ahmed Tinubu, from further operating the Federation Account pending the resolution of constitutional questions against the 2023 election.

In a statement issued in Abuja alongside the civil group Hope Africa Foundation in respect of the suit, Owuru contends that Tinubu, having become aware of the suit and voluntarily joined as an interested party, has breached the doctrine of lis pendens, making his purported inauguration liable to dismissal.

The statement signed by Anwal Ibrahim, the National Coordinator of Africa Hope Foundation read in part “We want to place on record that Tinubu’s claim to the office of the President is affected by reason of his being Lis Pendens.

“This is so because having joined the pending suit on the subject of mandate usurpation by Buhari, nothing ought to have been done until the final resolutions of disputed issues.

“There is no doubt that the present act of self-help and claim to occupy the office of the president by any of the parties in this action is an act of self-help and violates the law and the doctrine of Lis Pendens which is to the effect that nothing should be done by parties to change or affect the subject matter before the court so as not to prejudice the existing adjudged acquired constitutional rights and mandate of Chief Owuru as the adjudged constitutional winner of the 2019 presidential election.

“It is on record that Asiwaju Bola Ahmed Tinubu in recognition of the doctrine of Lis Pendens and the existing suits on the issue of usurpation of mandate between Owuru and Buhari, joined the ongoing proceedings then in Court of Appeal on the 18th of May 2023 before his purported inauguration over the 2023 presidential electoral debacle.

” He is bound to await the outcome of the proceedings in the already existing issue of usurpation of constitutional mandate and entitlement to serve out the same by Owuru.

“The implication of this, by law is that the 2023 presidential election and its outcome which Tinubu was aware of before joining the suit, is subsumed and dependent on the outcome of the existing legal proceedings on the subject of the already adjudged and yet to be served constitutional mandate of Owuru to serve out the term of office of the President of Nigeria as required by law.

“Our laws in this regard concerning the doctrine of Lis pendens has been well affirmed by the Supreme Court in the case of Peter Obi vs Ngige (Supra) as parties are to maintain and strictly observe the fact of the existence of pending suits and efficacy and potency of undermining the court’s jurisdiction and engaging in act of self-help and a brazen usurpation of candidate, parties mandate, subject matter in the pending case.

“There is no doubt that this act of the present All Progressives Congress (APC) led central government in practical terms are clear acts actof usurpation.

“As law-abiding citizens, we urge that Nigerians exercise patience in the due and early resolution of these outstanding issues to know who truly is the authentic Nigerian President.

Owuru, who claims to be the constitutionally adjudged winner of the 2019 presidential election, has expressed his opposition to the inauguration of Tinubu or any other person as Buhari’s successor. He argues that, as the constitutionally adjudged winner of the 2019 election, he has not completed his required four-year tenure as stipulated by law.

One of Owuru’s main grievances is that Buhari has been occupying his office since 2019, asserting that the Supreme Court has not yet determined his petition filed in 2019, challenging the purported declaration of Buhari as the election winner.

His initial suit was dismissed by Justice Inyang Edem Ekwo of the Federal High Court in Abuja on January 30, 2023, leading him to appeal the decision at the Court of Appeal.

On May 25, the Court of Appeal in Abuja, in a judgment led by Justice Jamil Tukur, refused to halt Tinubu’s May 29 inauguration. Justice Tukur stated that Owuru had engaged in a gross abuse of court processes by filing a frivolous, vexatious, and irritating suit to provoke the respondents.

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