In a decisive ruling, the Supreme Court of Nigeria dismissed a suit brought by Chief Albert Owuru, a former presidential candidate of the Hope Democratic Party (HDP), seeking the removal of President Bola Ahmed Tinubu. The court described the case as frivolous, vexatious, and an abuse of judicial process.
The five-member panel, led by Justice Uwani Musa Aba-Aji, found the suit incompetent and devoid of merit, noting that it wasted the court’s precious time. The apex court further imposed a fine of ₦5 million on the appellant, to be paid to President Tinubu for defending the baseless claims.
In a significant step to deter future frivolous litigation, the Supreme Court directed its registry to reject any originating summons filed by Owuru that are considered to lack merit or substance.
Background to the Case
Albert Owuru and the HDP initially filed a petition on March 7, 2019, challenging the election of former President Muhammadu Buhari. Their claims included:
- Unlawful Exclusion: Owuru argued that he and his party were unlawfully excluded from the February 23, 2019, presidential election.
- Invalidity of the Election: He claimed the election was unconstitutional due to the Independent National Electoral Commission’s (INEC) postponement of the polls from February 16 to February 23, 2019.
- Referendum Claims: Owuru alleged that a referendum conducted on February 16, 2019, declared him the rightful winner of the presidency.
Both the Presidential Election Petition Tribunal and the Supreme Court dismissed these claims in 2019 for being incompetent and lacking in merit.
Renewed Action Against President Tinubu
In 2023, Owuru filed a fresh suit (SC/CV/667/2023) challenging President Tinubu’s inauguration. His argument centered on the doctrine of lis pendens (a legal principle that prohibits actions or changes in property rights while litigation is pending), claiming that unresolved legal matters from 2019 rendered Tinubu’s presidency illegal.
Owuru alleged:
- Non-qualification: That Tinubu was not qualified to hold the office of the President.
- Usurpation of Office: That Tinubu’s assumption of the presidency contravened the law due to pending legal disputes over the rightful occupant of the office.
Supreme Court’s Decision
The apex court dismissed the claims, reiterating that similar petitions had already been resolved. The panel emphasized that Owuru’s repeated litigation served no purpose other than to waste judicial resources.
Implications
This ruling reaffirms the court’s commitment to protecting the integrity of Nigeria’s judicial system from abuse. The fine imposed on Owuru serves as a deterrent against frivolous lawsuits, while the directive to reject baseless filings further underscores the court’s resolve to focus on genuine legal issues.
This judgment strengthens President Bola Tinubu’s position and highlights the judiciary’s role in upholding electoral decisions and governance stability in Nigeria.
