Interim Government: Senior Lawyer Gives Legal Insights on Plots to Stop Tinubu’s Inauguration

Interim Government: Senior Lawyer Gives Legal Insights on Plots to Stop Tinubu’s Inauguration

  • The agitation for an interim government ahead of the Monday, May 29 inauguration has been played down
  • Senior Advocation of Nigeria, Afam Osigwe, said the call for an interim government would not see the light of day
  • He said no court would grant an injunction to stop May 29 inauguration while noting that previous presidential polls never adopted it

FCT, Abuja - Afam Osigwe, a Senior Advocate of Nigeria, says he would be shocked if no court granted an injunction to stop the inauguration of president-elect Bola Ahmed Tinubu.

Osigwe, in a recent interview with Punch, gave an insight into the petition filed by the Labour Party and the Peoples Democratic Party (PDP) against Independent National Electoral Commission (INEC) and the All Progressives Congress (APC).

Tinubu, Obi
Afam Osigwe (SAN) said previous elections like 2003, 2007, 2011 and 2019 presidential polls were contested in court and there was no injunction to stop it. Photo: Asiwjau Bola Ahmed Tinubu, Peter Obi
Source: UGC

He pointed out that every step taken in the lead-up to the upcoming inauguration was under the statutory stipulations of the law.

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He said:

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"...I would be shocked if any court grants an injunction to restrain a person who has been declared the winner of an election from being sworn in."

Osigwe further gave some precedents, like in the aftermath of the 2003, 2007, 2011 and 2019 presidential elections, where the loser went to court to challenge the winner's victory.

He stated that in those times, the inauguration of the winner was held, and there was no injunction to halt the inauguration.

Osigwe said:

"At the return to civil reign, while Obasanjo was declared a winner, other contestants went to court. They did so in 2003, 2007, and 2011, and I think it was only in 2015 that the losers did not approach the court. In 2019, Atiku went to court, but the winners of these elections were sworn in. It never stopped anything.

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"If, hypothetically, the court gives the order to remove a person, it will take effect if it is upheld by the Supreme Court. Our laws could be such that petitions are determined before swearing in; I subscribe to that.
"However, when somebody challenges your victory, there will be uncertainty until there is a final determination, but it should not stop the winner from assuming power."

Interim govt will give room for anarchy - Osigwe

The senior advocate also noted that an interim government would only amount to anarchy as it has no statutory framework to govern, make, and implement decisions.

He stated that the constitution provided for a change in government, and all statutory processes involved in this change had been met since the conduct of the 2023 presidential polls.

He said:

"There can’t be any talk of reform outside of the constitutional framework that will not amount to some form of coup. The constitution has provided for a change of government, and that is through elections.

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"An election has taken place, and a winner has been declared by the Independent National Electoral Commission."

Ohanaeze Ndigbo condemns plot for interim government

Meanwhile, Ohanaeze Ndigbo Worldwide has promised to participate fully in the swearing-in ceremony of Bola Tinubu.

President Muhammadu Buhari is billed to hand over power to the president-elect on Monday, May 29, at Eagle Square.

Following a warning by the State Security Services, the organisation said it would not support any individual or group plotting an interim government.

Source: Legit.ng

Authors:
Segun Adeyemi avatar

Segun Adeyemi (Current Affairs and Politics Editor) Segun Adeyemi is a journalist with over 9 years of experience as an active field reporter, editor, and editorial manager. He has had stints with Daily Trust newspaper, Daily Nigerian, and News Digest. He currently works as an editor for Legit.ng's current affairs and politics desk. He holds a degree in Mass Communication (Adekunle Ajasin University). He is a certified digital reporter by Reuters, AFP and the co-convener of the annual campus journalism awards. Email: segun.adeyemi@corp.legit.ng.