Tinubu faces another legal battle in Supreme Court over 2023 presidential poll

President Bola Ahmed Tinubu has been brought before the Supreme Court on allegations of unlawfully presenting himself for inauguration as President despite a pending legal action against the conduct of the 2023 presidential election.

Chief Albert Ambrose Owuru, a presidential candidate in the 2019 general election, has cited the doctrine of Lis Pendens and is seeking the nullification of Tinubu’s inauguration as the winner of the 2023 presidential election.informationguidenigeria

Owuru, who is a Constitutional lawyer, argues that the presidential election that produced Tinubu was invalid and amounted to illegal self-help due to his pending suit against Tinubu and others at the Supreme Court.

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The ongoing Supreme Court case, with No. SC/667/2023, involves Chief A.A. Owuru and the Hope Democratic Party as Appellants, with former President Muhammadu Buhari, the Attorney General of the Federation (AGF), the Independent National Electoral Commission (INEC), and Asiwaju Bola Ahmed Tinubu as Respondents.NYSC Portal

Owuru contends that Tinubu’s declaration as President by INEC violates the principle of lis pendens, arguing that since Tinubu is a party in the pending suit before the Supreme Court, he should not have presented himself for inauguration regarding any presidential election.

Owuru had contested the 2019 presidential election on the Hope Democratic Party (HDP) platform, claiming to be the adjudged winner despite INEC’s declaration of Buhari as the winner.

His lawsuit seeking a court order to declare him as the constitutional winner of the 2019 election is still pending before the Supreme Court and was voluntarily joined by Tinubu as an interested party on May 18 of the current year.

In a fresh motion served on Tinubu through the chambers of Chief Wole Olanipekun SAN, Owuru is also requesting the Supreme Court to issue an order restraining the respondents, particularly Asiwaju Bola Ahmed Tinubu, from operating the Federation Account until the constitutional questions regarding the 2023 election are resolved.

Owuru contends that Tinubu’s awareness of the pending lawsuit and his voluntary involvement as an interested party constitute a breach of the doctrine of lis pendens, making his purported inauguration subject to dismissal.NYSC Portal

The statement signed by Anwal Ibrahim, the National Coordinator of Africa Hope Foundation read in part “We want to place on record that Tinubu’s claim to the office of the President is affected by reason of his being Lis Pendens.

“This is so because having joined the pending suit on the subject of mandate usurpation by Buhari, nothing ought to have been done until the final resolutions of disputed issues.

“There is no doubt that the present act of self-help and claim to occupy the office of the president by any of the parties in this action is an act of self-help and violates the law and the doctrine of Lis Pendens which is to the effect that nothing should be done by parties to change or affect the subject matter before the court so as not to prejudice the existing adjudged acquired constitutional rights and mandate of Chief Owuru as the adjudged constitutional winner of the 2019 presidential election.JAMB Result

“It is on record that Asiwaju Bola Ahmed Tinubu in recognition of the doctrine of Lis Pendens and the existing suits on the issue of usurpation of mandate between Owuru and Buhari, joined the ongoing proceedings then in Court of Appeal on the 18th of May 2023 before his purported inauguration over the 2023 presidential electoral debacle.

” He is bound to await the outcome of the proceedings in the already existing issue of usurpation of constitutional mandate and entitlement to serve out the same by Owuru.

“The implication of this, by law is that the 2023 presidential election and its outcome which Tinubu was aware of before joining the suit, is subsumed and dependent on the outcome of the existing legal proceedings on the subject of the already adjudged and yet to be served constitutional mandate of Owuru to serve out the term of office of the President of Nigeria as required by law.JAMB Portal

“Our laws in this regard concerning the doctrine of Lis pendens has been well affirmed by the Supreme Court in the case of Peter Obi vs Ngige (Supra) as parties are to maintain and strictly observe the fact of the existence of pending suits and efficacy and potency of undermining the court’s jurisdiction and engaging in act of self-help and a brazen usurpation of candidate, parties mandate, subject matter in the pending case.

“There is no doubt that this act of the present All Progressives Congress (APC) led central government in practical terms are clear acts actof usurpation.

“As law-abiding citizens, we urge that Nigerians exercise patience in the due and early resolution of these outstanding issues to know who truly is the authentic Nigerian President.

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