Aloy Ejimakor, the Special Counsel of Nnamdi Kanu has raised a concern over the upcoming inauguration of the President-elect, Bola Tinubu on May 29.
According to the lawyer, it is unconstitutional to swear in a President-elect whose victory has not been affirmed by the court.
He insisted that the winner of an election can only be sworn in when the election results were uncontested.
Speaking via a chat with Daily Post, Ejimakor argued that there is no law in Nigeria which permits the swearing-in of a winner when the election result is being contested in court.
He wrote: “Given that the FINALITY of election result is decided by the Court, except where the INEC-declared result is uncontested, it’s unconstitutional to swear-in a winner whose victory has not been affirmed by the Court.
“Where’s the law that says such a winner must be sworn-in? None!”
Why Tinubu May Not Be Inaugurated
Meanwhile, the Director of the Abuja School of Social and Political Thoughts, Sam Amadi, has cleared up the confusion regarding his previous statement about the status of President-elect Bola Tinubu.
He emphasized that the title “President-elect” is not an official position and that Tinubu’s inauguration could be halted before May 29 due to an ongoing tribunal case.
Amadi originally made this statement on Twitter, which led to mixed interpretations.
He further clarified the situation in a series of tweets, stating that it is not guaranteed that Tinubu will form the next government.
In his tweets, Amadi explained that the judiciary has the power to reverse the declaration of the President-elect, and there is no constitutional duty to inaugurate on May 29 if the declaration is legally challenged.
He wrote, “Clarification on Legal Status of President-Elect.
@officialABAT is PRESIDENT-ELECT. But he is not yet President.
“2. It isn’t automatic that he will form the next government. He has a serious case in the tribunal that can go either way.
“3. The tribunal can stop the inauguration before the 29.
“Like I always say, corruption in language leads to corruption in statecraft. Just as the law gave @inecnigeria power to make a declaration, it gives the judiciary the power to reverse it. There’s no constitutional duty to inaugurate on May 29 if a declaration is legally challenged as here.
There is no fait accompli about the situation. Some use of language can create a false narrative where we believe that a declaration by @inecnigeria no matter how wrong constitutes a new government. No. It does not until the final court says so.”