The inauguration of Bola Tinubu as president of Nigeria has led to lawsuits against the attorney general of the federation and the chief justice of Nigeria (CJN) from five inhabitants of the federal capital territory (FCT).
With 8,794,726 votes, Tinubu, the All Progressives Congress (APC) candidate, was proclaimed the winner of the presidential election on February 25.
The plaintiffs contend that Tinubu fell short of garnering at least 25% of the votes cast in the FCT.
On April 28, a lawsuit with the case number FHC/ABJ/CS/578/2023 was submitted to the federal high court in Abuja.
Anyaegbunam Okoye, David Adzer, Jeffrey Ucheh Osang Paul, and Chibuike Nwanchukwu, the plaintiffs, filed the lawsuit on their own behalf as well as the behalf of other FCT residents and registered voters.
They are requesting that the court rule on their eligibility to file the lawsuit.
They are also asking the court to determine “whether or not the person who is to be elected president of the federal republic of Nigeria, and consequently administrator of the FCT through the Minister of the Federal Capital Territory and the Federal Capital Territory Development Authority, on the first ballot is required by section 134(2)(b) of the Constitution to obtain at least 25% of the votes cast in the FCTâ€.
"Whether the plaintiffs and other residents and registered voters in the FCT Abuja would not be discriminated against if any state within the federal republic of Nigeria were substituted for the FCT.â€
"Should the questions for determination be answered in the affirmative, the plaintiffs are praying for a declaration that “no candidate in the February 25th presidential election may validly be sworn in as president and commander in chief of the armed forces of the federal republic of Nigeria without such candidate having obtained 25% of the votes cast in the Federal Capital Territory, Abujaâ€.
Additionally, the plaintiffs are asking for a ruling extending President Muhammadu Buhari's term until a legitimate replacement is chosen.
They are asking the court to invalidate Tinubu's certificate of return and prevent the Chief Justice of Nigeria (CJN) and other judicial officials from swearing in any presidential candidate as president or vice president of the Federal Republic of Nigeria until the matter is resolved in court.
In the meantime, the Independent National Electoral Commission (INEC), has announced that a candidate must not receive 25% of the votes cast there to be declared victorious,
The FCT was not given any special status in the constitution as was "erroneously" depicted.