A group of five residents of the Federal Capital Territory have filed a lawsuit at the Federal High Court in Abuja seeking an order to halt the swearing-in of President-elect Bola Tinubu on May 29. The suit, marked FHC/ABJ/CS/578/2023, requests that the court prevent the Chief Justice of Nigeria, Justice Olukayode Ariwoola, any other judicial officer, or any other authority or person from swearing in any candidate from the February 25 presidential election as President or Vice-President of the Federal Republic of Nigeria until it is judicially determined that such a candidate has fulfilled the requirement of Section 134(2)(b) of the Constitution. The plaintiffs, Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, are registered voters of the FCT.
The suit seeks several declarations, including that no state of the country is at the same time the FCT for any purpose whatsoever and that no candidate in the February 25 presidential election in the country may validly be declared elected President of the Federal Republic of Nigeria without obtaining at least 25% of the votes cast in the FCT, Abuja. The plaintiffs also seek an order setting aside or suspending any declaration or issuance of a Certificate of Return to any candidate in the February 25 presidential election as having been elected, except it is judicially determined that such candidate fulfilled the conditions stated in Section 134(2)(b) of the Constitution.