You may be wondering what the fate of the petitions against President-elect, Bola Tinubu, would be after the recent court decision.
Before now, some Nigerians have raised suspicions that the Presidential Tribunal, if compromised, may delay the proceedings until after the inauguration of Bola Tinubu on May 29.
Well, whether predictions or not, we know that handling presidential election petitions will not happen in few weeks or even months.
Now, it is obvious that the hearing will go into the administration of the incoming government.
The Tribunal, on Tuesday, ordered petitioners to start calling their witnesses from May 30. That is a day after swearing-in date.
This has stirred numerous questions in the minds of many.
Much more, this decision has rolled out much doubt in the minds of many Nigerians.
Atiku’s lawyer, Chris Uche, who is a Senior Advocate of Nigeria (SAN), in a statement, spoke to supporters of the PDP candidate.
While Uche attempted to answer the numerous questions related to the decision of the court, here is what the constitution has to say about swearing-in a president while petitions are still pending.
What The Constitution Says
The 1999 Constitution of the Federal Republic of Nigeria clearly states its position on a situation like this.
It states in section 135.
135. (1) Subject to the provisions of this Constitution, a person shall hold the office of President until –
(a) when his successor in office takes the oath of that office;
(b) he dies whilst holding such office; or
(c) the date when his resignation from office takes effect;
or
(d) he otherwise ceases to hold office in accordance with the provisions of this Constitution.
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(2) Subject to the provisions of subsection (1) of this section, the President shall vacate his office at the expiration of a period of four years commencing from the date, when –
(a) in the case of a person first elected as President under this Constitution, he took the Oath of Allegiance and the oath of office; and
(b) in any other case, the person last elected to that office under this Constitution took the Oath of Allegiance and oath of office or would, but for his death, have taken such Oaths.
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(3) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (2) of this section from time to time; but no such extension shall exceed a period of six months at any one time.
What The Above Means
Well, in simple terms, the constitution says the president must hand over to the president-elect on the specific date that has been set for hand over.
As a result, there is no extension expected to happen after May 29.
There will be nothing like an interim government, going by what the constitution says.
Also, the only way Buhari could stay longer is if there is a war that must now force the National Assembly to decide that Buhari’s leadership period should be extended.
As it stands, the president-elect, Bola Ahmed Tinubu, will surely be sworn in on May 29.
The only thing that could stop it is if he dies be fore the day, God forbid.
