Why Tinubu Will Be Sworn In on May 29 Despite Court Cases, Top Nigerian Lawyer Explains
- The petitions filed by opposition parties and aggrieved presidential candidates against the election victory o Bola Tinubu pose a great threat to his inauguration
- Whilst some are calling for the postponement of the May 29 handover ceremony, others maintained there should be no inauguration
- Reacting, a top Nigerian lawyer said Tinubu will be sworn in on May 29 because he was declared winner of the February 25 presidential election
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The May 29 inauguration ceremony is important not just for the ruling party but also for the people of Nigeria, as it will pave the way for the incoming administration of the president-elect Asiwaju Bola Ahmed Tinubu.
The petitions filed against the February 25 presidential election victory of Tinubu have continued to top debate in the polity; as some are calling for the postponement of the inauguration, others are maintaining there should be no inauguration until the presidential election petition tribunal delivers its verdict.
Source: Facebook
FG weighs in on Tinubu's swearing-in debate
Interestingly, the federal government insisted that the swearing-in ceremony of the president-elect will not be shelved, adding that the ongoing litigation will not affect the event.
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Legal practitioner speaks
Speaking on this development, a Nigerian lawyer explains why Tinubu and his vice will be sworn in on May 29 despite court cases.
In a chat with Legit.ng on Saturday, May 20, Barrister A.D. Rotimi George Esq., a member of the National Executive Council of Nigeria Bar Association (NBA), revealed what will happen if Tinubu is not inaugurated on May 29.
He said,
"Tinubu, having been declared as the winner of the February 25, 2023 presidential election ought to be sworn-in as the President of the Federal Republic of Nigeria. Nature, they say, harbor Vacuum. PMB Tenure expires by the 29th of May, 2023. If Tinubu is not inaugurated as President, the country will be left without a leader which ought not to be.
"Some have argued that section 135(2) CFRN 1999 provides that “subject to the provision of section 135(1)” the current president “shall vacate his office at the expiration of a period of four years commencing from the date when he took oath of allegiance & oath of office…yet the president could lawfully be made to hold office until the next president is sworn as allowed under section 135(1)(a) of the CFRN which provides that “…a person shall hold the office of the president until when his successor in office takes the oath of the office…”
"However, section 135(3) lists out circumstances that may warrant the extension of the tenure of PMB. Luckily, the ongoing election petition cases does not include such circumstances.
Source: Twitter
What can be done to shelve Tinubu's inauguration, lawyer reveals
Speaking further, the legal luminary revealed what can be done by the federal lawmakers to stop Tinubu's inauguration from holding.
He noted that in order for the handover not to take place, the Electoral Act 2022 must be amended before May 29.
Barrister Rotimi stated thus:
"It therefore appears that if Tinubu will be stopped from being sworn as president on May 29th, the CFRN and Electoral Act has got to be amended before then. If I May be brutally frank, such amendment is not possible and visible, given the time involved, perhaps, it should be considered by the next Assembly."
The court cases is immaterial, Lawyer says, gives reason
Wondering why the election victory of Tinubu is being contended with by aggrieved politicians at the tribunal after INEC's declaration on March 1st, 2023, the lawyer said such a move is immaterial at the moment.
"Let me conclude on this point, that even though the National Assembly has the inherent powers to extend PMB’s tenure of office beyond 4 years, I am of the view that where an election has already been conducted and a winner declared by the Electoral umpire (INEC) the National Assembly (NASS) is no longer entitled to activate the provisions of section 135(3) of the Constitution to restrain, prevent or halt the inauguration of the declared winner of the election. It is, therefore to me, immaterial that the election is being challenged before a Tribunal, "Barrister Rotimi stated.
Tinubu is entitled to be sworn in and subject to be sacked, lawyer says
Speaking further on the fate that might befall Tinubu depending on the judgement delivered by the tribunal, the lawyer opined thus,
"Another way to look at it is that the mere fact that aggrieved parties have filed lawsuits challenging Tinubu before the Election petition tribunal presupposes that Asiwaju Tinubu has already been declared the winner and he alone deserves to be sworn come May 29 to avoid vacuum in government and pending the hearing and determination of the petitions before the tribunal. This of course does not mean that the aggrieved parties have accepted the outcome of the elections or the processes involved. It only means that the only the one declared as the winner is the one entitled to be sworn and subject to be sacked in the event that the tribunal finds merit in the petitions filed. Section 138 of the Evidence Act supports this position as well."
Will the inauguration influence the outcome of the tribunal, the lawyer explains
Going forward, the legal practitioner maintained that the judiciary will give its verdict and one can only expect them to do the right thing.
He thereby urge Nigerians to remain calm and trust the process as the law will take its due course.
"As to whether the Sworn president will influence the outcome of the tribunal’s decision, I am of the view that there are incorruptible judges in our judiciary, though may be few. However, any Judge worth his onions should know that the world is watching and that he owes a duty to God & humanity to do the right thing even when no one appears to be watching.
"Let me quickly urge Nigerians to be calm, shun violence, trust the process and hope for the best. One thing I know for sure, the times we are in will definitely shape the path of our nation, future and process of governance."
Why Tinubu should not be sworn in on May 29, Bode George speaks
The former deputy national chairman of the Peoples Democratic Party (PDP), Chief Olabode George, has revealed why Monday, May 29, is not sacrosanct for the inauguration of a new government.
In an interview, George spoke extensively on why the president-elect, Asiwaju Bola Ahmed Tinubu’s inauguration should be stopped.
The PDP chieftain maintained that there were court issues that needed to be settled before Tinubu should be sworn in, saying until the technical issues are settled at the court, the president-elect should not be sworn in.
Source: Legit.ng
