President Tinubu Faces Another Legal Battle In Supreme Court Over 2023 Presidential Poll
“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.
“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 of 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.
Owuru who claimed to be adjudged Constitutional winner of the 2019 presidential election predicted his grouse against the inauguration of Tinubu or anybody else as successor to Buhari on the ground that he is the constitutionally adjudged winner of the 2019 election and has not spent his four-year tenure as required by law.
Among others, Owuru had insisted then that Buhari was usurping his tenure of office since 2019 because the Supreme Court has not determined his petition filed in 2019 in which he challenged the purported declaration of Buhari as the election winner.
His first suit was dismissed by Justice Inyang Edem Ekwo of the Federal High Court in Abuja on January 30, 2023, prompting his movement to the Court of Appeal.
The Court of Appeal in Abuja on its part on May 25 in a judgment by Justice Jamil Tukur who led a 3-man panel had refused to stop the May 29 inauguration of Tinubu.
Justice Tukur had held that Owuru engaged in gross abuse of court processes by filing a frivolous, vexatious and irritating suit to provoke the respondents