The Presidential Election Petition Tribunal in Abuja, has mounted May 22 to hear an application seeking an order to restrain Chief Justice of Nigeria (CJN) or one other Justice from swearing-in Muhammadu Buhari as president on May 29.
Chief Ambrose Owuru, Candidate of the Hope Democratic Party (HDP) and his event, who're sooner than the tribunal troublesome their alleged exclusion from the Feb.23 presidential election launched the application for consideration on Tuesday.
Justice Zainab Bulkachua, President of the Appeal Court, primary Four completely different justices adjourned listening to on the application on account of non-proper service on the respondents.
News Agency of Nigeria (NAN) experiences that Buhari, Independent National Electoral Commission (INEC) and All Progressive Congress (APC) are respondents inside the matter.
“The application filed by the appellants/candidates and all completely different interlocutory functions are hereby adjourned until May 22 for listening to.
“It is hereby ordered that every one exchanges of processes and submitting of respondents’ briefs are carried out all through the interval specified.
“The sitting on the petition filed by the Chief Ambrose Albert Owuru and the Hope Democratic Party (HDP) is hereby adjourned until May 22’’, Bulkachua held.
The candidates had launched the application pursuant to Sections 1 (2), 6 (6) 139, and 239 of the 1999 Constitution (as amended).
The candidates had moreover relied on Sections 26 (4) (5) and 138 (1) of the Electoral Act 2010 (as amended) and beneath the inherent jurisdiction of the court.
They are praying for an order restraining the first respondent (Buhari) from presenting himself on May 29 or one other date for swearing in or taking of oath of allegiance and oath of office as president.
Owuru and the HDP are moreover seeking an order restraining the CJN or one other justice in that stead from swearing-in or administering the oath of allegiance and oath of office on May 29 or one other date on Buhari.
They are praying the tribunal to activate these orders pending the dedication of their petition contesting the alleged invalidity of the substituted and questioned presidential election of Feb.23.
The candidates predicated the application on the underside that they'd filed a petition on March three troublesome the validity of the election and the return of the first respondent as winner of the election.
They had raised the other flooring to hinge within the reality that pleadings had been concluded amongst occasions and petition mounted for pre-trial listening to session following firms of listening to uncover to all occasions which commenced May 8.
The completely different flooring of the application, in accordance to the candidates, stems from the frantic ongoing preparation for the inauguration of the first respondent whatever the pending petition.
“A restraining order by this court is suitable to shield the topic materials of this petition and forestall the first respondent foisting a fiat accompli and state of helplessness on the court and render the petition nugatory.
“The regulation is settled that after the question of the validity of Election of any specific particular person is challenged as to whether or not or not he is validly elected or not, the actual particular person should not be competent to take office or assume the seat of vitality until the matter is dealt with’’, they claimed.
However, Chief Wole Olanipekun (SAN), Counsel for the president, educated the panel of his application seeking an order to dismiss your full processes filed by the appellants, together with that their actions have been laughable and incompetent.
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