A political party, Hope Democratic Party (HDP), has filed a motion seeking an order of the presidential election tribunal restraining President Muhammadu Buhari from presenting himself to be sworn-in on May 29th, 2019.
The party is also seeking an order restraining the Chief Justice of Nigeria from swearing-in, administering the oath of office and oath of allegiance to the president on May 29th, 2019.
In a motion on notice made available to journalists on Tuesday, Hope Democratic Party filed the motion on six grounds pursuant to section one subsection two of the 1999 constitution as amended and under the jurisdiction of the tribunal.
Some of the grounds of the application is that there is a pending petition challenging the election and return of President Buhari as the winner of the February 23 presidential election.
The Hope Democratic Party also said the petition has been served on President Buhari and pleadings have been exchanged.
The Hope Democratic Party claimed that inspite of the pendency of the legal action against President Buhari, he has been making frantic efforts and preparation for his inauguration on May 29, 2019, by the CJN.
The party further said that unless President Buhari restrains from presenting himself for inauguration he will foil ” a fiat accompli and state of hopelessness on the court and render their petition nugatory.
The Hope Democratic Party also averred that the law is settled that once a question of the validity of an election of any person is challenged that person is not competent to take oath of office or assume the seat of power.
The application was filed on May 9th, 2019 and it is been heard today, May 14, 2019.
The respondent including counsels to President Buhari, the All Progressives Congress (APC) and Independent National Electoral Commission (INEC) said they have not been served with the motion.
However, the petitioner has announced the application.
Other petitions challenging Buhari’s victory are filed by other political parties. They include the major opposition party, the Peoples Democratic Party (PDP) and its presidential candidate, Alhaji Atiku Abubakar.
Bello walks out Kogi CJ from state function
Kogi State Governor Yahaya Bello on Tuesday walked out the Chief Judge (CJ) of the state, Justice Nasir Ajanah from a function.
The incident occurred at the Government House Lokoja during the swearing-in of the new Grand Khadi of the state.
The function was attended by top government officials and others from the judiciary.
The CJ, who was said to have been officially invited to the function by the protocol officer of the Government House, was seated before arrival of the governor.
However, some minutes later before the arrival of the governor, his Chief Security Officer allegedly approached the CJ and informed him the governor gave a directive that he should not be allowed to attend the function.
The CJ thereafter left the government house and returned to his office.
The development may not be unconnected to the face-off between the executive and the state judiciary, arising from disagreements over table payment of judicial staff.
Buhari returns to Abuja
President Muhammadu Buhari on Tuesday evening returned to Abuja from Saudi Arabia.
His plane touched down around 6:30 pm at the Presidential Wing of the Nnamdi Azikiwe International Airport, Abuja.
Top government officials were on ground to receive him at the airport.
The President had left Nigeria last Thursday to Saudi Arabia to perform the Muslim Umrah.
The visit was also to honour the invitation from King Salman Bin Abdulaziz, the ruler of Saudi Arabia and Custodian of the Two Holy Mosques to perform the Umrah.
He was accompanied by his close personal aides to the Umrah.
The President is expected to preside over the valedictory session of the Federal Executive Council (FEC) on Wednesday.
The session is the last meeting the President will be having with members of the outgoing cabinet as his second term is scheduled to be inaugurated on the 29th of May 2019.
While some members of the outgoing cabinet may be reappointed, others will give way for fresh hands in the next dispensation.
Senator Adeleke Files Notice Of Appeal At Supreme Court
Candidate of the Peoples Democratic Party (PDP) in the September 2018 Osun State governorship election, Senator Ademola Adeleke, has filed a notice of appeal at the Supreme Court against the decisions of the Court of Appeal.
Senator Adeleke is praying the apex court to set aside the ruling of the appeal court and uphold the decision of the Osun election petition tribunal.
His suit comes after the Appeal Court had on May 9, 2019, set aside the judgement of the Governorship Election Tribunal which nullified the victory of Governor Gboyega Oyetola because of its ‘faulty composition’.
Earlier, the Osun state Election Petition Tribunal had ruled that Senator Adeleke was the rightful winner of the 2018 governorship election, having satisfied the constitutional requirements of majority votes and spread across local government of the state
The tribunal also nullified the rerun election of September 27, 2018.
Dr Onyeachi Ikpeazu (SAN) leading six other Senior Advocates of Nigeria and 17 other senior counsels had, however, this week filed four appeals against each of the four majority judgements of the appeal court.
The appeals were against majority judgement in favour of Gboyega Oyetola, All Progressives Congress (APC), the Independent National Electoral Commission and the striking out of the cross-appeals of Senator Adeleke.
The first Appeal was against the majority lead judgement delivered by Justice J.H.Sankey, it is premised on 13 grounds.
Senator Adeleke is seeking the following reliefs from the Supreme court;
- To allow the appeal,
- Set aside the judgement of the Appeal Court delivered in favour of Oyetola, and
- Dismiss Oyetola’s appeal against the decision of the Tribunal.
The second appeal is against the judgement delivered in favour of the APC, premised on 31 grounds of appeal.
Senator Adeleke listed particulars of errors committed by the appeal court and sought the following reliefs from the Supreme court;
- To allow this appeal
- Set aside the decision of the appeal court and
- Dismiss the appeal of the respondent against the judgement of the tribunal.
The third judgement appealed against was the ruling in favour of INEC, it is based on 17 grounds.
Senator Adeleke listed particulars of errors committed by the judges of Appeal Court and sought the following:
- An order of the Supreme Court allowing his appeal.
- Order of Supreme Court setting aside the judgement of the Court of Appeal and restoring the judgement of the tribunal delivered on the 22nd of March.
The fourth judgement appealed was against the cross Appeal based on 13.
While listing particulars of errors committed by the Appeal Court, Senator Adeleke seeks the following reliefs from the Supreme Court namely;
- An order allowing this appeal and setting aside the decision of the lower court which dismissed the appeal.
- An order granting reliefs sought in the appellate case in the Cross-Appeal
- An order restoring the paragraphs struck out from appellate replies to the 2 and 3 respondents;
- A declaration that the appellants won the election in issue by a wider margin than what was found by the lower tribunal in view of the substantial non-compliance with the electoral act 2010 as amended.
- A declaration that the rerun of 27th was null and void and of no effect as the appellants had already won the election in issue upon conclusion of the 22nd September election.
Other Senior Advocates of Nigeria with Dr Ikpeazu in the appeal include Chief N.O.O Oke, SAN; Dr Paul Ananaba, SAN; Emeka Etiaba, SAN; Emeka Okpoko, SAN; and Kehinde Ogunwuminju, SAN.
Other senior counsels on the team include Niyi Owolade, L.N.Iheanacho, Edmund Biriomoni, Wole Jimi-Bada and 13 others.