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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