The Federal High Court in Abuja has refused to grant an interim injunction to halt the scheduled swearing-in of the President-elect, Asiwaju Bola Tinubu as the President of Nigeria on May 29, 2023.
Justice James Omotosho delivered the ruling on Friday, stating that the court lacked the jurisdiction to grant the request made in an ex-parte application by three citizens identifying themselves as Concerned Nigerians.
In the suit labeled FHC/ABJ/C5/657/2023, the plaintiffs, Praise Ilemona Isaiah, Pastor Paul Isaac Audu, and Dr Anongu Moses, alleged that Tinubu, declared the winner of the presidential election held on February 25, made false statements under oath in Form EC9 submitted to the Independent National Electoral Commission (INEC) regarding his eligibility to contest the election.
They claimed that Tinubu falsely declared not to be a citizen of any other country despite having a Guinean Passport.
However, the court ruled that the suit was “unconstitutional, frivolous, and vexatious,” highlighting that the plaintiffs lacked the legal right (locus standi) to file the action, thereby rendering the court without jurisdiction to hear the case.
The court emphasized that only an aspirant could challenge the qualification or nomination of a candidate in an election, as stated in section 285 (14) of the amended 1999 Constitution.
Additionally, since the election has already taken place, the Court of Appeal holds jurisdiction over cases arising from presidential elections.
Justice Omotosho accused the plaintiffs of wasting the court’s time with the suit, describing it as an abuse of the judicial process and being brought in bad faith to ridicule the judiciary.
