The suit seeking to stop the Chief Justice of Nigeria, Justice Mahmud Mohammed from swearing-in the President-elect, General Mohammadu Buhari yesterday suffered a set back as the plaintiff in the matter failed to show up in court.

The plaintiff in the matter, a civil society organization, the Incorporated Trustees of Advocacy for Societal Rights Advancement and Development Initiative had approached a Federal High Court in Abuja to grant its reliefs. But when the case came up yesterday, their lawyer, Mr Philip Ekpo, was absent in court.

Also yesterday, an appeal was filed to stop the inauguration of the governor elect of Cross Rivers State, Professor Ben Ayade.
In the suit filed at the Supreme Court of Nigeria, through Mr Okey Uzoho, the appellants, Dr. Michael Ogar, who contested the gubernatorial election in 2011 under the platform of the Action Congress of Nigerian now All Progressive Congress (APC) and 34 other political parties are asking the apex court to stop or suspend any swearing-in of the governor-elect until the determination of the case.

According to them, there is no vacancy in the government house of Cross Rivers State until after February 25, 2016.

He further argued that the governorship election conducted by the Independent National Electoral Commission (INEC) on April 11, 2015 in the state is null and void and in violation of Section 180(2) of the 1999 Constitution.

The election that brought the incumbent governor of the state, Governor Liyel Imoke, into office was nullified by the Supreme Court in January 2012 and a fresh election was ordered.

After the Supreme Court judgement, a fresh election was conducted on February 25, 2015, which saw INEC also declaring Imoke as the winner.

Following his victory in the 2012 election, he was sworn into office on March 1, 2012.

In the appeal, the appellants are contending that having taken another oath of office in 2012, his tenure in office should subsists until after February 25, 2016.

The appellants asked the court to make the following order, “An order setting aside and nullifying any certificate of return issued by the 1st respondent (INEC) to any person or persons on account of the purported gubernatorial election conducted on 11-04-2015 in Cross Rivers State of Nigeria.

“An order halting, stopping. Or suspending any swearing-in of any person on 29th May, 2015, or any other date, into the offices of Governor and Deputy Governor of Cross Rivers State of Nigeria on account of the gubernatorial election conducted on 11-04-2015 in the state pending the hearing and determination of the motion on notice and substantive appeal”.

Credit: sunnewsonline