Presidential tribunal dismisses application to stop Buhari’s inauguration

The Presidential Election Petition Tribunal in Abuja has
dismissed the application by the Hope Democratic Party (HDP)
seeking to stop the acting Chief Justice of Nigeria, Justice Tanko
Mohammed from swearing-in President Muhammadu Buhari for a second
term.

A three-man panel presided by Justice J.S. Ikyegh held that the
application was “unmeritorious”.

The presidential candidate of the HDP in the February 23
election, Ambrose Owuru, had made the application on Tuesday.

Arguing the application, counsel to Owuru and HDP, Emmanuel
Njoku, argued that under sections 1 (2), 6 (6) 139, and 239 of the
1999 Constitution (as amended), they want the tribunal to restrain
Buhari from presenting himself on May 29 or any other date for
swearing-in or taking of oath of allegiance and oath of office as
president.

Also relying on sections 26 (4) (5) and 138 (1) of the Electoral
Act 2010 (as amended), Owuru and HDP want the tribunal to stop the
oath pending the determination of their petition contesting the
alleged invalidity of the substituted and questioned presidential
election of February 23.

But Buhari’s counsel, Wole Olanipekun (SAN); INEC counsel, Ustaz
Usman (SAN) and APC counsel, Akin Olujimi (SAN) all asked the
tribunal to dismiss the application for being incompetent.

Meanwhile, following the decision of the President of the Court
of Appeal to recuse herself from the election tribunal, lawyers
hope the panel would be reconstituted on time to continue the
hearing on the main petitions.

Other petitions before the tribunal are: PDP and its candidate
Atiku Abubakar; Geff Chizee Ojinka of the Coalition for Change
(CC); and Aminchi Habu of the Peoples Democratic Movement
(PDM).

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