President Bola Ahmed Tinubu finds himself entangled in a legal battle as he is dragged before the Supreme Court for allegedly unlawfully inaugurating himself as President amidst a pending legal action against the conduct of the 2023 presidential poll.
Chief Albert Ambrose Owuru, a presidential candidate in the 2019 general election, has invoked the doctrine of Lis Pendens, urging the Apex Court to nullify Tinubu’s inauguration as the winner of the 2023 presidential poll. Owuru, a Constitutional lawyer, argues that Tinubu’s declaration as President by the Independent National Electoral Commission (INEC) is an affront to the Supreme Court and established law due to the ongoing suit against Tinubu and others.
The pending Supreme Court suit (No. SC/667/2023) features Chief A.A. Owuru and the Hope Democratic Party as Appellants, with former President Muhammadu Buhari, AGF, INEC, and Tinubu as Respondents. Owuru contends that Tinubu’s presentation for inauguration violates the doctrine of Lis Pendens, given his involvement in the ongoing legal proceedings.
Owuru previously contested the 2019 presidential election on the platform of the Hope Democratic Party, claiming victory against the declared winner, former President Muhammadu Buhari. His suit seeking a court order to declare him the adjudged winner of the 2019 election is currently pending before the Supreme Court. Tinubu voluntarily joined as an interested party on May 18, 2023.
In a recent motion on notice served to Tinubu through Chief Wole Olanipekun SAN, Owuru seeks an order restraining the respondents, especially Tinubu, from operating the Federation Account until the constitutional questions against the 2023 election are determined.
Owuru, along with the Hope Africa Foundation, issued a statement in Abuja asserting that Tinubu’s inauguration violates the doctrine of Lis Pendens. They argue that Tinubu, having joined the pending suit as an interested party, breached the principle, and his inauguration is susceptible to dismissal.
The statement emphasizes that the ongoing legal proceedings must be respected to avoid prejudicing existing adjudged constitutional rights and mandates. It calls for patience in resolving these issues to determine the authentic Nigerian President.
Owuru, claiming to be the constitutionally adjudged winner of the 2019 presidential election, challenges Tinubu’s inauguration or any successor to Buhari, asserting that he has not completed his four-year tenure as required by law. The legal battle is part of a protracted dispute since 2019, with Tinubu voluntarily entering the fray, and the Supreme Court now holds the key to the resolution of this intricate electoral tangle.
