Hope Democratic Party, HDP, went to court in order to stop President Muhammadu Buhari from being sworn-in for a second term on May 29.

The presidential candidate, Chief Ambrose Owuru, in a fresh motion, asked the Presidential Election Petition Tribunal sitting in Abuja, to stop the Acting Chief Justice of Nigeria, CJN, Justice Tanko Muhammad, from presenting any oath on President Buhari at the expiration of his current term, till the determination of the petition challenging his re-election is over.

This motion was predicated on section 1(2), 6(6), 139, 239 of the 1999 Constitution, as amended, as well as on sections 26(4) (5), 138(1) (b) of the Electoral Act, 2010, as amended. Cited as 1st to 3rd Respondents in the matter were President Buhari, the Independent National Electoral Commission, INEC, and the All Progressives Congress, APC. Specifically, two principal prayers in the motion on notice dated May 9, read:

“An order of this honourable court restraining the 1st respondent herein from presenting himself on May 29, 2019 or any other date for swearing in or inauguration ceremony or taking the oath of allegiance or office as the President of the Federal Republic of Nigeria, pending the determination of this Petition and the question as to whether he has been validly elected as challenged and pending before the court”. 

As well as,

“An order of this honourable court restraining the Chief Justice of Nigeria or any ‎other Justice in that stead from swearing in, administering the oath of allegiance and oath of office or participating in the inauguration ceremony on May 29, 209 or any other date to swear in the 1st respondent, s the President of the Federal Republic of Nigeria pending the determination of this petition contesting the validity of the substituted and questioned presidential election of February 23, 2019.”

Meanwhile, when the matter was called up, the pioneer Chairman of the Economic and Financial Crimes Commission, EFCC, Mr. Nuhu Ribadu, indicated that he was in court to represent President Buhari in the gallery.


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