The Hope Democratic Party (HDP) has filed a motion seeking an order of the Presidential Election Tribunal restraining President Muhammadu Buhari from presenting himself to be sworn-in on May 29th, 2019.
The party is also seeking 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 29th, 2019.
Igbere TV reports that the Independent National Electoral Commission (INEC) had declared Muhammadu Buhari of the All Progressives Congress (APC) as the winner of the February 23 Presidential Election.
Buhari won a re-election for second term by defeating his closest rival and former Vice-President, Atiku Abubakar of the Peoples Democratic Party (PDP).
Atiku is currently challenging the results at the Presidential Elections Tribunal.
In a statement made available to Igbere TV on Tuesday, the HDP filed the motion on six grounds pursuant to section one sub-section two of the 1999 constitution (as amended) and under the jurisdiction of the tribunal.
Some of the grounds of the application is that there is a pending petition challenging the election and return of President Buhari as the winner of the February 23 presidential election.
The Hope Democratic Party also said the petition has been served on President Buhari and pleadings have been exchanged.
The HDP claimed that inspite of the pendency of the legal action against President Buhari, he has been making frantic efforts and preparation for his inauguration on May 29, 2019, by the CJN.
The party further said 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.”
The HDP also averred that the law is settled that 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.
Findings by Igbere TV revealed that the application which was filed on May 9th, 2019, is to be heard today, May 14, 2019.
However, when contacted by Igbere TV, the respondents including counsels to President Buhari, the All Progressives Congress (APC) and Independent National Electoral Commission (INEC), said they have not been served with the motion.
The petitioner has, however, announced the application.
