Supreme Court Dismisses Suit Against Tinubu, Fines Applicant N5m

The Supreme Court of Nigeria on Monday dismissed challenging the election victories of former President Muhammadu Buhari in 2019 and President Bola Ahmed Tinubu in 2023 describing it as a “frivolous and vexatious suit”.

The apex court panel of five Justices, led by Justice Uwani Abba-Aji, delivered the judgment on Monday in a case filed by Chief Ambrose Albert Owuru, a lawyer and the 2019 presidential candidate of the Hope Democratic Party (HDP).

Owuru had filed the suit against President Muhammadu Buhari, the Attorney-General of the Federation, the Independent National Electoral Commission (INEC), and Bola Tinubu.

The Court of Appeal in Abuja on May 25, 2023, dismissed Owuru’s suit, which sought the prohibition of the swearing-in of President-elect Bola Ahmed Tinubu on May 29.

At the scheduled hearing on Monday, Owuru stated that his first motion was filed on February 26, 2024, seeking the leave of the court to restore his appeal against Buhari and Tinubu, which had been struck out by the apex court on January 29, 2024.

The apex court panel then asked him if he “honestly believes” that the application against the concluded elections is competent, without providing “the enrolled order” that struck out his previous appeal. He replied that his application was competent because, in his view, the court records, which he had challenged, should be determined based on several exhibits he has to prove his case.

The Attorney General of the Federation’s counsel, Adedayo Ogundele, an Assistant Chief State Counsel, told the apex court that Owuru’s matter had come before the Supreme Court in 2023, and it was dismissed. “He sent a younger counsel, and the apex court dismissed it,” she said, emphasizing that this is the third time the matter had come before the Supreme Court.

Bode Olanipekun, SAN, counsel for Tinubu, aligned with Ogundele’s submission and apologized to the court for the applicant’s attitude, stating that it does not reflect the standards of the legal profession.

Ignore this, dismiss it, and give a direction to the registry not to accept further filings in this appeal,” Olanipekun said. 

In a brief ruling, Abba-Aji agreed with Tinubu and the AGF’s counsel that the application filed on February 26, 2024, is “incompetent and is hereby dismissed.”

“The processes filed by Chief Owuru are frivolous and vexatious, and unbecoming of a Senior Counsel of his years of experience (called to the bar in 1984). This is an abuse of court process and ought to be penalized for taking up so much of the court’s time,” the apex court stated.

Consequently, the judge said a cost of N5 million was awarded against the applicant in favour of the fourth respondent (Tinubu).

The appellant had alleged that he won the 2019 election and that the Supreme Court wrongly dismissed his case against Buhari’s re-election and Tinubu’s swearing-in for being statute-barred (filed out of time) without considering the substance of his case at the time.

Lawyers for the respondents had unanimously asked the Court of Appeal to dismiss the appeal and affirm the decision of the Federal High Court, which had initially dismissed the claims for being baseless.

In May 2023, the three-member panel of the Appeal Court, led by Justice Jamil Tukur, held that the suit was frivolous and an abuse of the court process.

The court ruled that the Supreme Court had already passed its verdict, and as such, there was no basis for the appellant to return to the court with the same allegation.

The panel had imposed a N40 million fine on the appellant, to be paid to each respondent in 2023.