The Presidential Election Petition Tribunal in Abuja, has fixed May 22 to hear an application seeking an order to restrain Chief Justice of Nigeria (CJN) or any other Justice from swearing-in Muhammadu Buhari as president on May 29.
Chief Ambrose Owuru, Candidate of the Hope Democratic Party (HDP) and his party, who are before the tribunal challenging their alleged exclusion from the Feb.23 presidential election brought the application for consideration on Tuesday.
Justice Zainab Bulkachua, President of the Appeal Court, leading four other justices adjourned hearing on the application on account of non-proper service on the respondents.
News Agency of Nigeria (NAN) reports that Buhari, Independent National Electoral Commission (INEC) and All Progressive Congress (APC) are respondents in the matter.
“The application filed by the appellants/applicants and all other interlocutory applications are hereby adjourned until May 22 for hearing.
“It is hereby ordered that all exchanges of processes and filing of respondents’ briefs are done within the period specified.
“The sitting on the petition filed by the Chief Ambrose Albert Owuru and the Hope Democratic Party (HDP) is hereby adjourned until May 22’’, Bulkachua held.
The applicants had brought the application pursuant to Sections 1 (2), 6 (6) 139, and 239 of the 1999 Constitution (as amended).
The applicants had also relied on Sections 26 (4) (5) and 138 (1) of the Electoral Act 2010 (as amended) and under the inherent jurisdiction of the court.
They are praying for an order restraining the first respondent (Buhari) from presenting himself on May 29 or any other date for swearing in or taking of oath of allegiance and oath of office as president.
Owuru and the HDP are also seeking an order restraining the CJN or any other justice in that stead from swearing-in or administering the oath of allegiance and oath of office on May 29 or any other date on Buhari.