The Supreme Court of Nigeria has dismissed a lawsuit deemed “frivolous and vexatious” that challenged the election victories of former President Muhammadu Buhari in 2019 and President Bola Ahmed Tinubu in 2023. The ruling was delivered by a five-member panel led by Justice Uwani Abba-Aji on Monday.
The case was brought forward by Chief Ambrose Albert Owuru, a lawyer and the 2019 presidential candidate of the Hope Democratic Party (HDP). Owuru’s suit targeted President Buhari, the Attorney-General of the Federation, the Independent National Electoral Commission (INEC), and Bola Tinubu.
In a previous ruling on May 25, 2023, the Court of Appeal in Abuja had already quashed Owuru’s suit, which sought to prevent the swearing-in of President-elect Bola Ahmed Tinubu on May 29.
Details of the Supreme Court Hearing
During the hearing, Owuru attempted to restore his appeal against Buhari and Tinubu, which had been struck out by the Supreme Court on January 29, 2024. He argued that his application was competent, citing various exhibits he claimed would support his case.
However, the panel questioned the validity of his application, asking if he genuinely believed it was competent without referencing the enrolled order that had dismissed his previous appeal. The Attorney-General’s counsel, Adedayo Ogundele, noted that this was the third time Owuru’s matter had been brought before the Supreme Court, emphasizing that it had already been dismissed previously.
Bode Olanipekun, SAN, representing Tinubu, echoed Ogundele’s sentiments and urged the court to dismiss the application, suggesting that the applicant’s conduct did not meet the standards expected of a senior legal professional.
Supreme Court’s Ruling
In a succinct ruling, Justice Abba-Aji concurred with the arguments presented by Tinubu and the Attorney-General’s counsel, declaring Owuru’s application “incompetent” and dismissing it. The court characterized Owuru’s filings as “frivolous and vexatious” and an abuse of the court process, noting that such actions waste valuable judicial resources.
As a result, the court imposed a cost of N5 million against Owuru, to be awarded to Tinubu.
Background of the Case
Owuru had previously alleged that he was the rightful winner of the 2019 presidential election and claimed that the Supreme Court had wrongly dismissed his case against Buhari’s re-election and Tinubu’s subsequent swearing-in. He argued that the court had overlooked the substance of his case due to procedural issues.
Legal representatives for the respondents consistently argued for the dismissal of Owuru’s claims, which they characterized as baseless. In May 2023, the Court of Appeal had ruled that the lawsuit was frivolous and an abuse of the court process, affirming the earlier decision of the Federal High Court and imposing a N40 million fine on Owuru to be paid to each respondent.
