Does Tribunal Have Power to Stop Tinubu's Inauguration as Sam Amadi Claims? Top Nigerian Lawyer Speaks
- Sam Amadi, a Labour Party governorship aspirant in Imo state, claimed on social media that the tribunal could stop the inauguration of the president-elect, Bola Tinubu, before May 29
- However, constitutional lawyer Festus Ogun disagreed, stating that the tribunal has no power to stop the inauguration of an elected candidate before the date of the inauguration
- Ogun also noted that petitioners such as Atiku Abubakar and Peter Obi could get the reliefs they seek if they prove their cases in court
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Sam Amadi, a Labour Party (LP) governorship aspirant in Imo state, recently stirred controversy on social media when he claimed the Presidential Election Petition Court (the tribunal) can stop the inauguration of the president-elect, Bola Tinubu, before May 29.
"@officialABAT is PRESIDENT-ELECT. But he is not yet President. It isn’t automatic that he will form the next government. He has a serious case in tribunal that can go either way. D tribunal can stop d inauguration before 29," Amadi tweeted.
Source: Facebook
Amadi's position is not supported by law - Festus Ogun
Commenting on the development, Festus Ogun, a constitutional lawyer, said Amadi's position is not supported by law.
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According to Ogun, the tribunal has no power to stop the inauguration of an elected candidate before the date of the inauguration.
He said in response to Legit.ng's question:
"With respect, the position of Dr. Sam Amadi is not supported by law. The Tribunal has no power in law to stop the inauguration of an elected candidate before the date of inauguration.
"The only way the inauguration can be affected is when the matter before the Tribunal is decided before May 29, 2023 which is practically impossible.
"In view of this, I think while the advocacy for speedy determination of electoral dispute is noble, I think we should respect the current legal framework to avert chaos in the system."
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Peter Obi, Atiku, others are entitled the reliefs they sought, says Ogun
Following the declaration of Tinubu as the president-elect by the Independent National Electoral Commission (INEC), some of his rivals have filed petitions at the tribunal.
Prominent among them are the candidates of the Peoples Democratic Party (PDP) and the Labour Party (LP), Atiku Abubakar and Peter Obi.
Among others, the Atiku and Obi want the court to either declare them the winner or nullify the election and order the conduct of a fresh one.
Ogun told Legit.ng that the petitioners could get what they wanted if they are able to prove their cases in court.
His words:
"Funnily enough, if the petitioners are able to successfully prove their case, they are entitled to the reliefs sought from court, the May 29 inauguration, notwithstanding
"The president-elect is bound by law to be inaugurated. There is a rebuttable presumption of regularity on the part of INEC which implies that the person so elected is rightfully elected. Interestingly, the presumption usually gets rebutted at the Tribunal."
I'm also dissatisfied with the outcome of the election, Ogun says
Speaking further, Ogun said he was also not happy about the outcome of the 2023 presidential election, but the proper thing has to be done.
"I honestly don’t feel our people have a cause to worry. I am equally dissatisfied with the outcome of the election which was everything but the desire and aspiration of the Nigerian people.
"However, for the sake of our National peace and constitutional democracy, let the proper thing be done. In the fullness of time, I am confident that even those inaugurated on May 29 will have cause to return their certificates of return.
"This is bound to happen before our very eyes. You cannot steal the mandates of our people and get away with it," he told Legit.ng.
Festus Keyamo speaks on moves to stop Tinubu's inauguration
In a related development, the minister of state, labour and employment, Festus Keyamo (SAN), mocked antagonists of the president-elect who he said have been assured that Tinubu's inauguration can be legally stopped before Monday, May 29.
Keyamo said he read a report to the effect that some foreign lawyers have been flown into Nigeria to ensure that the court stops Tinubu's swearing-in.
"I read somewhere that some supposedly learned fellow is assuring the nattering nitwits that the inauguration of @officialABAT can be legally stopped before May 29th and yet another story that some foreign lawyers have been flown in to achieve that purpose," he tweeted.
Source: Legit.ng
