A lawsuit has been filed at the Federal High Court in Abuja, seeking to prevent the swearing-in of President-elect Bola Tinubu on May 29. The suit, labeled FHC/ABJ/CS/578/2023, was initiated by five individuals residing in the Federal Capital Territory.

They have requested the court to prohibit the Chief Justice of Nigeria, Justice Olukayode Ariwoola, as well as other judicial officers and authorities, from administering the oath of office to any candidate from the February 25 presidential election until it is legally determined that the candidate has met the requirements specified in Section 134(2)(b) of the Constitution.

The plaintiffs, identified as Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu, state that they are registered voters in the FCT.

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The lawsuit argues that no state in the country can be considered the FCT for any purpose, including the election of the President or Vice-President, as stated in Section 134(2)(b) of the Constitution.

It further claims that a candidate in the presidential election cannot be declared the President of Nigeria without securing at least 25% of the votes cast in the FCT.

Additionally, it asserts that no candidate can be sworn in as President and Commander-in-Chief of the Armed Forces without meeting this same 25% requirement.

The plaintiffs also argue that until a successor is determined in accordance with constitutional provisions and sworn in, the incumbent President, Muhammadu Buhari, should continue to serve as President and Commander-in-Chief of the Armed Forces, as outlined in Section 135(1)(a) of the Constitution.

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The lawsuit names the Attorney-General of the Federation as the first respondent and the Chief Justice of Nigeria as the second respondent.

It seeks an order to invalidate or suspend any declaration or issuance of a Certificate of Return to any candidate from the February 25 presidential election unless it is conclusively established that the candidate has fulfilled the conditions specified in Section 134(2)(b) of the Constitution.