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May 29-Tinubu should not be sworn-in, doctrine of necessity should apply,says Maxi Okwu.

From Maurice Okafor, Enugu.

The 2003 presidential candidate of the defunct Citizens Popular Party(CPP),Barr.Maxi Okwu,has said in accordance with doctrine of necessity,President Buhari should continue in office after May 29,arguing that Ashiwaju Bola Ahmed Tinubu,the candidate of the All Progressives Congress(APC),who was declared winner of the February 18 presidential election by INEC,should wait until the suits against his election,pending at the tribunal are determined.

The defunct CPP 2003 presidential flagbearer expressed this views while speaking to news men in Enugu at the weekend,on the best way out of the current precarious political situation in Nigeria.

He stated,”With the state of pleadings at the Court of Appeal sitting at Presidential Election Petition Tribunal, it Is clear that issues have been essentially joined and by 17th the next adjourned date, the fireworks will commence”.

He predicted that the legal framework at this stage would be fast tracked and a judgement is possible before the 29th of May.

He said the allegations of Bola Tinubu not winning 25% minimum of votes cast in FCT, the question of the double nomination of his Running Mate, Ahmed Shettima and the issue of Bola Ahmed Tinubu disqualification by reason of the forfeiture of over $400k in the USA for drug/narcotics related matter,are issues that can be determined easily by the courts based on documented evidences,not requiring witnesses.

The other issues of substantial non compliance, and abandonment of its guidelines on BVAS accreditation and transmission, I want to suspend for now.

Okwu stated,”The Tribunal could dispose of the three issues above by next week. These are legal questions that don’t need oral evidence of witnesses. Just plain tendering of documents and legal arguments that have already been uploaded”.

“The next is to reserve judgment and deliver it within forty eight hours. Reasons could be given later. This is not novel as it was used after the 1983 elections”.

“If the Tribunal agrees with the petitioners then there is a serious problem for Nigeria. The law is that until the final resolution by the ultimate Court, In this case, the Supreme Court, the person declared elected shall remain in office”.

“But this is a novel situation. The INEC declared winner has not been sworn in so following the doctrine of necessity it would be immoral to swear him in”.

There is nothing sacrosanct about 29th May. The Constitution has a provision to take care of that situation by allowing the last person in that office to continue until his successor is sworn in.

Okwu cautioned,”For the sake of the nation, for the sake of our international image and for nation stability and cohesion if we tarry for about two weeks or even a month for the final resolution of the matter, it would be for the best interest of Nigeria”.

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