President Bola Ahmed Tinubu is facing legal action at the Supreme Court, accused of unlawfully inaugurating himself as President despite an ongoing legal challenge against the 2023 presidential election. Chief Albert Ambrose Owuru, a presidential candidate in the 2019 general election, is invoking the doctrine of Lis Pendens, urging the Apex Court to invalidate Tinubu’s inauguration as the winner of the 2023 presidential poll.
Owuru, a Constitutional lawyer, argues that the election that declared Tinubu as President was void and constituted illegal self-help, given the unresolved legal proceedings against Tinubu at the Supreme Court. The case with the reference SC/667/2023 involves Owuru and the Hope Democratic Party as Appellants, with Respondents including former President Muhammadu Buhari, the Attorney General of the Federation (AGF), the Independent National Electoral Commission (INEC), and Asiwaju Bola Ahmed Tinubu.
Owuru contends that INEC’s declaration of Tinubu as President disregards the doctrine of Lis Pendens, asserting that Tinubu, being a party in the pending suit before the Supreme Court, should not have proceeded with his inauguration for the presidential poll. Owuru, who contested the 2019 presidential election under the Hope Democratic Party, is seeking a court order to declare him the constitutional winner of the 2019 election, a case that Tinubu voluntarily joined as an interested party.
In a recent motion, Owuru is requesting the Supreme Court to restrain Tinubu and other respondents from accessing the Federation Account until the constitutional questions regarding the 2023 election are resolved. Owuru argues that Tinubu’s awareness of the ongoing suit and his voluntary participation make his inauguration a violation of the Lis Pendens doctrine, warranting dismissal.
A statement from Owuru and the Hope Africa Foundation emphasizes that Tinubu’s claim to the presidency is affected by Lis Pendens, asserting that any self-help actions and claims to the presidency by the involved parties violate the law and the Lis Pendens doctrine. The statement underscores the need for patience in resolving these legal issues to determine the genuine President of Nigeria based on the rule of law.
Owuru’s legal battle stems from his assertion that Buhari usurped his tenure since 2019, challenging the declaration of Buhari as the election winner. Despite the dismissal of his initial suit, Owuru continues to pursue legal avenues, including the Court of Appeal, to contest the legitimacy of the election and challenge the inauguration of Tinubu.