30th January, 2023
By Wandoo Sombo
A Federal High Court in Abuja has thrown out a suit seeking to remove President Muhammadu Buhari from office and stop 2023 elections filed by one Ambrose Owuru, the presidential candidate of Hope Democratic Party (HDP) in the 2019 election.
Owuru, in the suit instituted against Buhari the Independent National Electoral Commission (INEC) had asked the court to declare him the winner of the 2019 presidential election after the seat of the presidential was declared vacant.
The HDP candidate also said the court to determine the constitutionality of the shit in 2019 presidential election from Feb. 16 to March 23, 2019 by INEC.
Owuru, had in the suit, claimed that INEC acted against the constitution in illegal and unlawful way and manner the presidential poll was shifted and that declaration of Buhari as winner of the unlawful act should be declared null and void and of no effect.
He asked the court to declare him as winner of the poll.
He also said the petition he lodged against Buhari had not been adjudicated upon by the Supreme Court as required by law.
The politician claimed that his petition at the Supreme Court was unjustly dismissed following his absence in the apex court due to discrepancies in the hearing dates conveyed to him.
He said his tenure of office was being usurped by Buhari.
He, therefore, prayed the court to remove Buhari and declare him (Owuru) the authentic President and that Buhari should be compelled to refund all monies he collected as salaries, emoluments and security votes.
The HDP presidential candidate also asked the court to order his inauguration for a four-year tenure of office upon removal of Buhari from office and stop INEC from conducting the 2023 election.
But delivering judgment in the suit, Justice Inyang Ekwo, dismissed it on three major grounds.
Justice Ekwo held that the suit was an abuse of court process, was statute barred and was an affront on the supremacy of the Supreme Court of Nigeria.
The judge also held that the suit was baseless, frivolous, irritating and vexatious in its entirety.