The federal capital territory (FCT) have asked the court to stop the May 29 swearing in of president-elect Bola Ahmed Tinubu on Monday, May 29.
Anyaegbunam Okoye, David Adzer, Jeffrey Ucheh Osang Paul and Chibuike Nwanchukwu who claim to be residents of the FCT filed the suit before the federal high court in Abuja on April 28.
Tinubu was declared winner of the February 25 presidential elections and billed for swearing to succeed President Muhammadu Buhari later in May.
However, the five plaintiffs posited that Tinubu failed to secure at least 25 percent of votes cast in the FCT.
Also, they are asking the court to determine whether or not the person who is to be elected president 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% of the votes cast in the FCT.
They asked whether the plaintiffs and other residents and registered voters in the FCT Abuja would not be discriminated against if any state within the federal republic of Nigeria were substituted for the FCT.
Should the questions for determination be answered in the affirmative, the plaintiffs are praying for a declaration that “no candidate in the February 25th presidential election may validly be sworn in as president and commander in chief of the armed forces of the federal republic of Nigeria without such candidate having obtained 25% of the votes cast in the Federal Capital Territory, Abuja”.
Also they called for a declaration extending Buhari’s tenure pending when a successor is determined in accordance with the constitution.
They want the court to set aside the certificate of return issued to Tinubu and restrain the Chief Justice of Nigeria (CJN) and any other judicial officer from swearing in any candidate in the presidential election as president or vice-president of of Nigeria until the issue is determined in court.
Meanwhile, the Independent National Electoral Commission (INEC) had stated that a candidate must not secure 25 percent of the votes in the FCT to be declared winner.
INEC pointed out that the FCT was not accorded any special status in the constitution as being “erroneously” portrayed.