The presidential election tribunal has been asked to give an order restraining President Muhammadu Buhari from being sworn-in on May 29, 2019 as Nigerian President.
The request was made by a political party, Hope Democratic Party (HDP), in a motion it filed before the tribunal.
In the motion on notice which was made available to newsmen on Tuesday, HDP also prayed the tribunal to give an order restraining the Chief Justice of Nigeria (CJN) from swearing-in, administering the oath of office and oath of allegiance to the president on May 29.
The petitioner filed the motion on six grounds pursuant to section one subsection two of the 1999 constitution as amended and under the jurisdiction of the tribunal.
Among the grounds for the application is the argument that there is a pending petition challenging the election and return of President Buhari as the winner of the February 23 presidential election.
The party said the petition has been served on President Buhari and pleadings have been exchanged.
It added that not minding the pendency of the legal action, that Buhari has been making frantic efforts and preparation for his inauguration on May 29 by the CJN.
HDP contended that unless President Buhari restrains from presenting himself for inauguration he will foil a fiat accompli and state of hopelessness on the court and render their petition nugatory.
It went further to say that according to the country’s law, “once a question of the validity of an election of any person is challenged that person is not competent to take oath of office or assume the seat of power.”
HDP filed the application on May 9, but it was heard today, May 14, 2019.
The respondents to the application include counsels to President Buhari, the All Progressives Congress (APC) and Independent National Electoral Commission (INEC).
All the respondents said they have not been served with the motion.
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