Last week, courts dismissed about four cases seeking to stop the inauguration of Bola Tinubu as President of Nigeria, describing it as “frivolous”.
The dismissals began in the matter filed by the former presidential candidate of Hope Democratic Party (HDP), Ambrose Owuru; then the Peoples Democratic Party (PDP) appeal at the Supreme Court; the suit by Concerned Nigerians at the Federal High Court in Abuja; and the undetermined application by FCT residents and voters.
Since March 1, after the announcement of Tinubu as president-elect following the February 25 presidential election by the Independent National Electoral Commission (INEC), different groups have approached the courts seeking to stop his inauguration.
Several disqualifying issues were raised including the allegations of manipulation and INEC’s non-compliance with the provision of the Electoral Act, 2022 and guidelines for live transmission of results of the elections directly from the polling units, which have since been taken to the Presidential Election Petitions Court.
There are now three petitions of the Labour Party (LP), Allied People’s Movement (APM) and Peoples Democratic Party (PDP) after those of Action Alliance (AA) and Allied Peoples Party (APP) were dismissed upon their withdrawal.
On Thursday, while dismissing the application by Owuru, the Court of Appeal awarded the sum of N40 million against him for bringing an application that would set the lower courts against the Supreme Court which had earlier in 2019 determined the matter.
In the leading judgement by Jamil Tukur, a three-member panel of justices of the appellate court described the appeal as a gross abuse of the court process by filing frivolous, vexatious and irritating suits to provoke the respondents.
Owuru, who ran under the Hope Democratic Party (HDP), claimed in suit number CA/CV/259/2023 that he won the 2019 presidential election and was impacted by the rescheduling of the polls and that holding the inauguration will amount to usurpation of his mandate.
The apex court awarded the sum of N2 million in extra cost against the PDP for the appeal to the earlier N5 million by the Court of Appeal.
The apex court held that a political party cannot challenge the actions of another party, no matter how manifestly unlawful that action is, adding that the PDP did not participate in the APC primary that produced the party’s candidate.
The PDP, through its lawyers, Joe Agi (SAN) and Mike Ozekhome (SAN), had accused Shettima of double nomination as the senatorial candidate for Borno Central Senatorial District and vice-presidential candidate of the APC, which they contended breached sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022.
But Lateef Fagbemi, the lead counsel to the APC and Tinubu, argued that the PDP lacked the locus standi to bring the action, adding that the matter was within the APC’s internal affairs and thus, non-justiciable.
Reading his concurrent judgement, Justice Inyang Okoro said the attitude of the PDP amounted to misleading the court after they held that the lower court made a finding of fact that Shettima had knowingly allowed himself to be nominated into two different constituencies for the February 25 presidential election in breach of Section 35 of the Electoral Act, 2022.
Later the same day, the suit filed by a group of Concerned Nigerians, seeking to stop the inauguration of Tinubu over alleged perjury on his dual citizenship of Nigeria and Guinea, was dismissed by a Federal High Court in Abuja.
Justice James Omotosho held that the court lacked the jurisdiction to entertain the suit.
The court also held that the applicants, being participants as only voters in the February 25 presidential election do not afford them the locus standi to bring the action.
The court ordered the applicants, Praise Ilemona Isaiah, Pastor Paul Isaac Audu and Dr Anongu Moses and their lawyer, Daniel Elombah to pay the sum of N17 million to Tinubu and APC.
They are to pay the president-elect N10m and APC N5m, while their lawyer is to pay both N1m each.
The judge ordered a 10 per cent interest on the cost until it is liquidated.
Also on May 26, the suit by FCT residents and voters before the Federal High Court in Abuja to stop the inauguration of Bola Tinubu as president over non-compliance with constitutional provision on spread, was declined by the court.
Justice Inyang Ekwo had earlier fixed the matter for hearing on Wednesday, May 24, but when parties arrived at the court, officials told them to return on Friday and on their return, they learnt that the judge was not available for sitting.
The judge had on Thursday, May 15 adjourned the suit after directing the counsel to the residents, Chuks Nwachukwu, to bring his address to the court on three grounds bordering on their locus standi, jurisdiction and whether there is a similar matter before the presidential elections court.
