President Bola Ahmed Tinubu faces a legal challenge before the Supreme Court as Chief Albert Ambrose Owuru, a presidential candidate in the 2019 general election, asserts that Tinubu unlawfully inaugurated himself as President despite a pending legal action against the 2023 presidential poll.
Citing the doctrine of Lis Pendens, Owuru urges the Apex Court to nullify Tinubu’s inauguration, emphasizing that the election leading to Tinubu’s victory was an exercise in futility.
Owuru, a Constitutional lawyer, contends that Tinubu’s self-declaration as President, as recognized by the Independent National Electoral Commission (INEC), undermines the Supreme Court’s authority. He argues that Tinubu, being a party in the ongoing suit (No. SC/667/2023) against the 2023 election, should not have presented himself for inauguration.
The pending Supreme Court suit involves Chief A.A. Owuru and Hope Democratic Party as Appellants, with Respondents including former President Muhammadu Buhari, the Attorney General of the Federation (AGF), INEC, and Asiwaju Bola Ahmed Tinubu.
Owuru maintains that Tinubu’s awareness of the suit and his voluntary participation as an interested party breach the doctrine of Lis Pendens. In a recent motion on notice served to Tinubu through Chief Wole Olanipekun SAN’s chambers, Owuru seeks an order restraining Tinubu from further operating the Federation Account until constitutional questions regarding the 2023 election are resolved.
Anwal Ibrahim, the National Coordinator of the Africa Hope Foundation, issued a statement alongside Owuru, asserting that Tinubu’s claim to the presidency is impacted by Lis Pendens. The statement contends that Tinubu, by joining the suit after arguments by his lawyers, violated the doctrine, making his inauguration susceptible to dismissal.
The legal battle stems from Owuru’s contention that he was the constitutional winner of the 2019 presidential election, challenging Buhari’s declaration by INEC. Despite previous dismissals, Owuru persists in his legal pursuit, maintaining that until his petition is determined by the Supreme Court, the inauguration of Tinubu is premature.
The ongoing legal saga highlights the intricacies surrounding Nigeria’s presidential elections and the adherence to legal processes, emphasizing the need for a resolution to establish the authentic winner of the 2019 election and its implications for subsequent leadership transitions.
