The federal high court in Abuja has fixed July 21 for hearing of a suit instituted against President Muhammadu Buhari by a former presidential candidate Ambrose Albert Owuru seeking court order to declare the presidential seat vacant.
The date has been communicated to parties in the suit through hearing notices served on them by the court bailiff.
The Chief Judge of the Federal high court, Justice John Tsoho, assigned the case to Justice Inyang Eden Ekwo for adjudication.
Apart from President Buhari, other defendants in the suit with reference number FHC/ABJ/CS/480/2021 are the Attorney General of the Federation and the Independent National Electoral Commission INEC as first, second and third defendants respectfully.
Owuru dragged President Buhari before the court praying it for an order to declare the presidency vacant on the ground that Buhari was not the winner of the February 2019 presidential election.
The suit is coming more than two years after the conduct of the presidential election,.
Owuru, a British trained constitutional lawyer and called to the Nigerian Bar in 1982, is asking the court to declare Buhari as illegally occupying the presidential seat.
The plaintiff, who stood for the 2019 presidential election on the platform of the Hope Democratic Party, wants the court to declare him as the authentic winner of the poll and another order of the court directing his immediate inauguration to take over from Buhari.
In the suit he instituted on June 16. 2021, Owuru claimed that he won the February 16. 2019 Presidential election and that his suit against Buhari at the Supreme Court was inconclusive due to errors on adjourned date.
He sought a declaration by the federal high court that he is entitled to serve out a tenure of 4 years after his formal inauguration.
Among other reliefs, the ex presidential candidate wants Buhari removed from office with immediate effect and also be ordered to refund all salaries allowances and emoluments he collected while being unlawfully in office as President.
Owuru pleaded with the court to give order that salaries, allowances and emoluments be paid to him from May 29. 2019 when he ought to have been sworn in till date.
The plaintiff further applied for an order of perpetual injunction restraining Buhari, Attorney General of the Federation and Independent National Electoral Commission INEC from further organizing and conducting any Presidential election in 2023 so as to enable him complete his 4 year term when inaugurated.
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