Opinion

May 29: Why Tinubu should not be sworn-in – Lawyer

Published

3 years ago

May 9, 2023

Everydaynewsngr

By ALOY EJIMAKOR

Yesterday (May 4, 2023), I tweeted on my Twitter handle that “Given that the FINALITY of election result is decided by the Court, except where the INEC-declared result is uncontested, it’s unconstitutional to swear-in a winner whose victory has not been affirmed by the Court. Where’s the law that says such a winner must be sworn-in? None!”

Since then, I have received a barrage of direct messages and requests to publicly speak more on this. So, to those who asked me and in the public interest, below are the short answers to your many questions:

Yes, inauguration of a new President on May 29 is not absolute, neither by the provisions of the Constitution, the Electoral Act or any other written law.

And no, there won’t be any VACUUM if a new President is not sworn-in on May 29. The Constitution envisaged such an anomalous situation and thus copiously provided for the rainy day, as follows:

First, Section 135(1)(a) of the Constitution says that “Subject to the provisions of this Constitution, a person shall hold the office of President UNTIL when his successor in office takes the oath of that office”.

If you pay close attention to above provisions, you will notice that the Constitution never said “until May 29” and it used the word ‘shall’ which – by settled legal interpretation – means ‘must’. That means that the incumbent President, despite exhausting his eight years, is not going anywhere until his successor is sworn-in and such a date could overshot May 29.

Now, you can see that this is not about Tinubu, because, if you strictly follow the Constitution, neither Atiku, nor Obi (in addition to Tinubu) would be inaugurated as President on May 29 and Nigeria will still have a constitutional President.

You will also notice that since 1999, a lot of ‘successors’ or winners of elections, mostly of the gubernatorial kind, had taken their oaths of office AFTER May 29. So, where did this widespread notion that May 29 is sacrosanct or absolute come from? It came from mere custom or political expediency, not from any known black letter law.

Second, Section 136(2) of the Constitution says that “Where the persons duly elected as President and Vice President die or are UNABLE for ANY REASON whatsoever to assume office before the inauguration of the National Assembly, the Independent National Electoral Commission shall immediately conduct an election for a President and the Vice-President”.

In plain terms, what the preceding Section 136 is saying is that, apart from death, there are myriad reasons that could prevent or imperil the President-elect and the Vice, standing together, from assuming office on May 29 and heavens won’t fall.

One of such other reasons that easily comes to mind is a Court order, usually of an Interlocutory kind, emanating from the Tribunal on a Motion; or from an Originating Summons (not an election petition) succeeding before a Federal High Court on interpretation of the pertinent constitutional provisions on point, including particularly the said Sections 135, 136, in addition to Section 1(2) of the Constitution vis-a-vis the absolutism or otherwise of May 29.

To be clear, the Section 1(2) of the Constitution that is pertinent to this discourse provides that “The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”

In my view, both the Tribunal (under the Electoral Act) and the Federal High Court (under Section 6 of the Constitution) have concurrent jurisdiction to delve in the interpretation of these Sections as they impact on May 29.

Anybody saying that it is only the Election Tribunal that possesses an exclusive jurisdiction on this matter or that simultaneously and separately initiating such a Suit before the Federal High Court will abuse the process of the Election Tribunal is wrong, because the fundamental business of interpreting the Constitution (the organic law) is independent of, and should have primacy over everything else, including particularly a mere election petition before a narrowly-constituted ad hoc Tribunal.

Now, ponder this: If the result declared by INEC does not accord with the Electoral Act, it then follows that such result does not, ipso facto, accord with the Constitution, because the Electoral Act is a product of (and subservient to) the Constitution – the grundnorm. The river never flows backwards. Thus, any repugnancy in the Electoral Act must yield to the demands of the Constitution.

Thus, by virtue of the preceding Section 1(2) of the Constitution, inaugurating a new President on May 29 while the Court (as the final umpire) is yet to call the final result would mean that persons (or a group of persons) have taken control of the Government of Nigeria in a manner that does not accord with the Constitution.

The clearer and obvious way of understanding this conundrum is to think of it this way: If a new President is sworn-in on May 29 and subsequently, the Tribunal or the Supreme Court (again: the final umpire) invalidates the election, what would you say happened to the Government of Nigeria during the period the sacked President held office before the final judgment?

Unarguably, what happened is that, during such period, the Federal Republic of Nigeria and her government were taken control of in a manner that did not accord with the Constitution. This is a grave constitutional injustice that can never be undone. So, by all means, it should be avoided as the Constitution has enabled such under Sections 135 and 136.

While you ponder this, keep in mind that there is no express provision in the Constitution, the Electoral Act (the law that enables elections and transitions) or any other written law that strictly requires that a challenged winner of an election must be sworn-in on May 29.

Don’t get me wrong. I have no personal or political animus against any election winner. An election winner surely deserves the fruits of his victory but it must not be on May 29. It can be later or even not at all, if the Court – which is the final electoral umpire – fails to affirm his INEC-victory.

In the unique legal framework of Nigeria’s elections, INEC is not the end but the means to the end. That end is the Court (the judiciary) which alone possesses all the judicial powers of the Federation, including the final powers to declare winners of elections.

So, the smart framers of the Constitution, having figured that, some day, an occasion will surely arise where a winner may be unable for ANY REASON to be sworn-in on May 29, they inserted the implicit ‘tenure elongation’ in Section 135 but limited it by the provisions of Section 136 that requires INEC to ‘immediately’ conduct another Presidential election. If the intendment of this creative Constitution-making was not to ensure there’s no VACUUM, what then is its intendment?

Thus, in the clear absence of any law mandating that a swearing-in must proceed apace on May 29, the only reason (or justification) Nigeria had indulged in such crass unconstitutionality (or extra-constitutionality) since 1999 was political CUSTOM, and that’s because the country or the political class was desperate and thus minded to avoid anything that the military can latch on to continue in power.

Today, that custom, even though initially convenient and compelling is retrograde and can no longer stand because it is repugnant to natural justice, equity and good conscience. Above all, it is – by hindsight – incompatible with the Constitution and Laws of the Federation of Nigeria in several ramifications.

And mark my word: This thesis does not apply to the office of the President ALONE. It applies across the board. And until Nigeria gets its elections right or purges itself through a popular REFERENDUM, the judiciary should ensure that winners of disputed elections must not take power until the declaration of the final result by the last Court.

If politicians are made aware that power can only come after the courts (not INEC) have decided the result, it will work wonders in getting the greatest number of contestants and even INEC and political partisans to keep in line, play fair and desist from this mantra of ‘go to court’ which is a subliminal insult on the Constitution and the judiciary.

Aloy Ejimakor, a constitutional lawyer, wrote from Abuja.

Opinion

The Unsung Hero Of The Osun Election – By Felix Oboagwina

Published

6 days ago

September 28, 2026

Everydaynewsngr

By Felix Oboagwina

Towards the Osun State governorship election of August 15, not a few expected heaven to fall. All the signs were there. “Dead body surplus,” as they say on the streets. No fewer than 29 corpses laid underneath the soil, lives cut short for a purely political reason. Records cited 79 violent incidents. Thugs had been imported to complement local thugs.

When E-Day came, Nigeria’s ruling All Progressives Congress (APC) invaded Osogbo, the state capital, with all its Federal might. Up to 16 governors, alongside national figures like the Senate President and Speaker, vacated their comfort zones and migrated with brazenly loud–mouthed and foul–mouthed foot–soldiers into Osun, a state their party had declared a warzone they must conquer at all costs.

It did not matter to these APC goons that what they desired did not desire them. Osun people did not hide their love for their dancing Governor Ademola Adeleke. For these citizens, this beautiful soul with a distinguished family pedigree had not only waltzed his way into their hearts, he had in performance and projects surpassed the last two APC governors.

The Nigerian police had taken sides. They were unabashedly pro-APC. For all the killings unleashed against Accord, Adeleke’s party, the police still haven’tbrought any murderer to trial. Unfettered andunrestrained, the death squad roamed the streets of Osun seeking Accord people to devour. But as the Yoruba say, the craftiness of a concubine’s inner-circle can be equally matched by the cunningness of the husband’s own. Accord supporters also showed that, when pushed to the wall, they could match fire for fire. They made APC members too to pay the supreme price. Miffed with the fight-back, a certain Senator publicly egged his people to “kill Accord” members on sight. He spoke openly and on record. Yet the police failed to rein him in. On the other hand, Osun State Government VIPs, like the Chief of Staff, were rounded up. The Chief of Staff to the Governor, ANY GOVERNOR, is His Excellency’s nerve centre. Picking up Adeleke’s CoSamounted to going for Adeleke himself. But this was police victimising the victim.

The Progressives’ usual bad boys breezed in from Lagos and Abuja. They dared the Governor. They brazenly defied his efforts to enforce the peace. With police serving as their rear guard, they raided bus–stops. When Navyofficers, equally brought in to provide security, picked up these goons and guns, police trampled upon “espirit de corps,” attacked this sister Force and freed the hoodlums.

In the midst of all this bizarreness, Grammy nominee musician and nephew to the Governor, Davido, internationalised APC’s iniquity. He swore to drag the Federal-ruling party to the US, the UN, the UK and the EU if it rigged the election results.

However, the most important element in Nigeria’s election is the umpire: INEC. Would the Independent National Electoral Commission (INEC) withstand or would it kowtow to the Federal ruling party like the police had done? It all boiled down to the new man running the commission.

When the newest Sheriff landed in INEC in October 2025, sceptics shook their fists in anger. Like the President, Professor Joash Amupitan is Yoruba. And sceptics quickly disparaged the appointment of this University of Jos Law Professor as fitting into the established profile of the President as a regional, Yoruba-centric leader. Multifarious attacks landed from several sides. The appointee’s anonymity did not help matters. Who was this Amupitan? Unlike Professor Attahiru Jega, Justice Victor Ovie–Whiskey, Justice Tayo Akpata, Professor Maurice Iwu, Professor Humphrey Nwosu and others who hugged the klieg–lights long before securing the electoral umpire job, Amupitan came from the shadows. No one knew him. UNIJOS, from where he obtained his Bachelor’s, Master’s and Doctorate degrees, hardly made the news –much less this Professor of Law who earned his silk as a Senior Advocate of Nigeria in 2014. Even the little known about this UNIJOS teacher, who rose to become its Deputy Vice Chancellor, sparked controversy and rendered him politically incorrect to the powers-that-be in the Northern establishment. Why? One paper he wrote undid him. In the paper he presented in 2020, this Christian Prof had dared to pontificate against the terrorism that ravaged the North and the Fulani militants behind the bloodshed. Titling his paper as, “Nigeria’s Silent Slaughter,” the Senior Advocate of Nigeria called for urgent international intervention to stop what he termed “pogrom and attacks against the Christians and minority groups in Nigeria” by two extremist movements —Boko Haram and Fulani herdsmen. He didn’t stop with just naming and shaming these two genocide squads. Amupitan went ahead and committed the unpardonable sin of criticising the government for recognising Boko Haram as a terrorist organisation but failing to officially label Fulani herdsmen as terrorists. And in 2020, when Amupitan wrote that paper, remember, the Pan-Fulani Muhammadu Buhari held sway as President.

For that singular literary work, the Northern oligarchydeclared the North-Central Kogi State-born Amupitan an anathema. They piled pressure on Tinubu to discard him like a menstrual rag. The President stubbornly paid them deaf ears.

Amupitan appears to have justified Tinubu’s confidence, and that of those who spoke up for this SAN. Under this 62-year-old Prof, INEC has held by-elections and off-cycle elections, and not one governorship poll has been returned inconclusive. None!

Think! This was the same INEC which, under its last Chairman Mahmood Yakubu, littered the entire country with “inconclusive” elections. In Mahmood’s first four years (2015-2019), his INEC conducted 46 inconclusive elections. In 2019 alone, Mahmood delivered seven inconclusive governorship elections: Sokoto, Bauchi, Adamawa, Benue, Kano, Plateau, Rivers and Kano. But Amupitan’s tenure looks like a breath of fresh air.

Same INEC!

Same Commissioners!

Same Resident Electoral Commissioners!

So what changed? A new man steers INEC’s wheel! A new sheriff came to town! Not many have sung his praise. But the Osun elections proved just how stubborn and principled this gentleman can be. Governors, 16 of them, encamped in Osun. They came with tons of cash and foot–soldiers primed to snatch, grab and run. But all theirthunder and their shenanigans fizzled out into a whimper. But their efforts didn’t die easily. Phone calls assailed Amupitan from all corners –the National Assembly, The Presidency– ordering him: Stop the counting! Announce the election as inconclusive! But the UNIJOS Prof turned deaf ears and insisted the process ran its course. At the end of the day, votes counted. This unsung hero, Amupitan, ensured this happened in Osun. It took guts! It took strength of character! Say it: Yes, it took the fear of God!

What many don’t know is that Amupitan happens to be one of these public servants who cannot but flaunt their born-again toga. He is an Elder of the Christ Apostolic Church, CAC. Those who know him testify that he has lived by the CAC creed and grail. To boot, he holds no less a position than the Pro-Chancellor of the CAC-owned Joseph Ayo Babalola University, JABU. The Prof practises not orthodox Christianity, but the fire-bred brand of fundamental Christianity.

What does all this portend for 2027? When it matters mostto Nigerians, will the saintly principles of this unsung hero of the Osun State election goad him to deliver a credible election? Can he? Will he?

OBOAGWINA, JOURNALIST, AUTHOR AND MEDIA CONTENT PROVIDER, SENT THIS PIECE FROM LAGOS, AND WILL WELCOME FEEDBACK VIA “FOBOAGWINA@GMAIL.COM”

Opinion

Ebonyi 2027: Why Anyichuks Odii Is Being Positioned as the Alternative

Published

1 month ago

August 28, 2026

Everydaynewsngr

The 2027 governorship election in Ebonyi State must not be viewed as just another political contest. For many Ndi Ebonyi, it represents a defining moment — an opportunity to reflect on the direction of the state and make a decisive choice about the kind of leadership they want for the future.

Across the vast lands of Ebonyi, there is a growing sense of frustration and uncertainty. Many citizens are asking difficult questions about security, youth empowerment, employment opportunities, poverty alleviation and the welfare of vulnerable groups, particularly women and young girls.

The concerns are real, and they deserve serious political attention.

A state blessed with human and natural resources should be one where young people can look to the future with confidence, where women have meaningful opportunities to thrive, and where government policies translate into tangible improvements in the lives of ordinary citizens.

It is against this backdrop that Anyichuks Odii has emerged as a political figure attracting growing attention among those seeking a different direction for Ebonyi.

To his supporters, Anyichuks Odii represents a combination of experience, vision, capacity and determination — qualities they believe are necessary to reposition the state and restore hope among its people.

The argument is straightforward: Ebonyi needs leadership that does not merely administer the state but actively creates opportunities for its people.

The youths need more than political promises. They need practical skills, access to opportunities, entrepreneurship support, employment pathways and an environment where their talents can translate into sustainable livelihoods.

Women need more than symbolic representation. They need economic empowerment, access to finance, skills development, education and policies that enable them to become stronger contributors to their families and communities.

And every citizen deserves to feel secure enough to live, work and pursue legitimate aspirations without fear.

The 2027 election therefore provides Ndi Ebonyi with an opportunity to critically assess the records, ideas and capacity of every candidate seeking their mandate.

Democracy ultimately belongs to the people. Their voter cards are their instruments of choice, and their votes should reflect their aspirations for a better Ebonyi.

Already, political conversations are intensifying across the state. One of the songs gaining attention among supporters captures the mood of those calling for a change in political direction:

“Nwifuru kwakoro naba, onye ndozi abiago, naba, onye ndozi abiago, naba… Ka Anyichuks bata.”

For the supporters of Anyichuks Odii, the message is clear: they believe a new chapter is possible and that the 2027 governorship election could be the moment when Ndi Ebonyi choose the leadership they believe can deliver that change.

But beyond slogans and political songs, the real test will be the issues.

Ebonyi deserves a serious conversation about security, economic development, infrastructure, education, healthcare, youth employment, women’s empowerment and inclusive governance.

The people must demand clear plans, measurable commitments and accountability from all contenders.

If 2027 is indeed to become a moment of redemption, it must ultimately be a redemption achieved through the informed choice of the people.

And for those who believe Anyichuks Odii embodies the leadership Ebonyi needs, the journey to 2027 has already begun.

The message from his supporters is unmistakable:

Ebonyi is ready for a new conversation. Ebonyi is ready to choose. Ebonyi is ready for a new direction.

By Dr. Kenneth Anozie, Political Strategist

Opinion

Why Umahi Has Every Reason to Seek Compensation Over Alleged Defamatory Publications

Published

1 month ago

August 26, 2026

Everydaynewsngr

By Emma Igwe
The decision by the Minister of Works, Engr. David Umahi, to institute a defamation action against Linda Ikeji, Linda Ikeji TV Limited and Stella Ifeoma Okengwu should not be dismissed as an attempt to silence criticism.
At the heart of the case is a much more fundamental question: how far can individuals and media platforms go in publishing serious allegations against a person’s character and reputation without being held accountable if those allegations are found to be false?
Umahi has approached the High Court of the Federal Capital Territory, Abuja, with suit No. GWD/CV/264/26, filed on August 24, 2026. He alleges that publications and videos circulated between March 2025 and March 2026 contained allegations of bribery, corruption, intimidation, sexual misconduct, land grabbing, sexual harassment and claims that he was unfit for public office. He maintains that the allegations were false, malicious and calculated to damage his reputation.
These are not minor accusations.
A public official can be criticised over policies, projects, political decisions and performance. That is an essential part of democracy. But allegations of corruption, bribery and sexual misconduct are qualitatively different. If such allegations are published without adequate factual foundation and are ultimately found to be false and defamatory, the damage to the subject’s reputation can be enormous.
THE SCALE OF PUBLICATION MATTERS
Another important consideration is the alleged reach of the publications.
According to the reports on the suit, Umahi alleges that material posted by Stella Okengwu was subsequently amplified through Linda Ikeji’s media platforms, including Linda Ikeji TV and its Instagram platform.
That distinction matters.
An allegation whispered privately to a few people is one thing. An allegation disseminated through platforms with substantial online audiences is another.
If the court ultimately finds that defamatory statements were repeatedly disseminated to a large audience, the extent of publication would naturally become relevant when assessing the injury allegedly suffered by the claimant.
UMAHI SAYS HE DID NOT RUSH TO COURT
The minister also says that his lawyers first demanded that the alleged publications be removed, that an unreserved apology be issued and that the defendants undertake not to repeat similar allegations.
He alleges that those demands were not complied with.
If that account is established before the court, it strengthens the argument that litigation was not necessarily his first response, but followed an alleged failure to resolve the dispute through a demand for correction and retraction.
WHY THE CLAIM FOR DAMAGES IS SIGNIFICANT
Umahi is seeking ₦500 million in general damages and ₦2 billion in exemplary damages, making ₦2.5 billion in damages. He is separately seeking ₦500 million as costs of the action and 10 percent post-judgment interest.
The amount claimed should not, however, be confused with an amount already awarded by a court.
It is a claim that must be proved.
And that is precisely why the court process is important.
If Umahi can establish that the publications were false and defamatory, that they caused serious injury to his reputation and that the defendants were legally responsible for their publication or republication, then compensation would serve more than a personal purpose.
It would reinforce the principle that freedom of expression does not automatically translate into freedom from responsibility for demonstrably false and defamatory statements.
THIS IS NOT ABOUT PROTECTING POLITICIANS FROM CRITICISM
There is a dangerous tendency in Nigeria to treat every defamation action involving a politician as an attempt to suppress free speech.
That approach is too simplistic.
Democracy requires vigorous criticism of public officials. Journalists, bloggers and citizens must remain free to investigate government and expose genuine wrongdoing.
But democracy also requires accountability for what is published.
If a journalist has evidence of corruption, the appropriate response is to present the evidence and defend the publication in court. If a person makes an allegation and can prove its substantial truth, that too is a legitimate defence.
But if a court eventually determines that serious allegations were knowingly or recklessly published without justification and caused reputational damage, the law must provide a remedy.
THE COURT SHOULD DECIDE — NOT SOCIAL MEDIA
This is perhaps the most important aspect of the Umahi case.
At present, the allegations made by Umahi in his Statement of Claim remain allegations before the court. The defendants had not, according to reports available as of August 25, been served with the writ, and no hearing date had been fixed. They will have the opportunity to present their defence.
Therefore, neither Umahi nor his opponents should declare victory prematurely.
The proper question is not whether Umahi is powerful enough to sue.
The proper question is whether the publications complained of were true, substantially true, fair comment, privileged, or defamatory and unjustified.
That is what evidence and the judicial process should determine.
THE REAL TEST
Umahi deserves compensation if he proves his case.
If the court establishes that he was falsely accused of serious criminal, corrupt or sexually improper conduct; that the allegations were defamatory; that the defendants were legally responsible for the publications; and that he suffered compensable injury, then a substantial award would not be an attack on journalism.
It would be an application of the law.
Conversely, if the defendants can substantiate their allegations or establish a recognised legal defence, the court should equally protect their right to publish matters of legitimate public interest.
That is the essence of the rule of law.
The court — not social media, not political supporters, and not bloggers — should have the final word.

Opinion

NDI EBONYI; DON’T SLEEP, DON’T SLUMBER: ANYICHUKS ODII IS HERE

Published

2 months ago

August 20, 2026

Everydaynewsngr

In life, evil never lasts forever. *Change must always come*! Many believe today that 2027 is *FREEDOM TIME FOR EBONYI PEOPLE*

In the midst of these cacophonic political noise, a man of the people has arisen to clean the tears that Ebonyi has suffered under an *ifuru* guy whose legendary for corruption and sleaze is unquantifiable..

*DR. ANYICHUKS ODII IS FINALLY HERE*! The people are excited. The vision is classic which will turn Ebonyi around.

1. Infrastructure.
2. Industrialization.
3. Farming improvement
4. ICT development
5. Youth empowerments
6. Government restructuring.
7. Securing lives and property
8. Expanded governance to touch all parts of Ebonyi
9. Education expansion and offer of scholarships to indigent students & pupils.

More will come with a leader who, as a private businessman made all these possible, as well as developed sporting activities around Ebonyi State.

Ndi Ebonyi, look at the man; *ANYICHUKS ODII*

Dr. Kenneth Anozie
Political Analyst

Opinion

EBONYI; LET’S STAND ON A BETTER, MORE PROGRESSIVE MANDATE; PDP ANYICHUKS ODII

Published

2 months ago

August 17, 2026

Everydaynewsngr

Kenneth Anozie

Soon, the INEC regulations will lift the lid on campaigns to start. In Ebonyi state, there will be a lot of political noise. The political timberlines will be sounding cacophonously. The noise will be unbearable.

However, only one campaign, the Governorship candidate of People’s Democratic Party, PDP, *DR. ANYICHUKS ODII* will be the only mandate the good people of Ebonyi need to be hearing and standing on. His mandate merits all the noise because he has served the people and has been a source of succour for thousands of families in many aspects.

The vision of Anyichuks Odii on health care, education, social safety, security and agriculture/industrialization as well as youth empowerments are all top notch. They are all well spelt out, which will be released as his manifesto will be released soon.

Already, we have seen a glimpse of it in our previous revelations and analysis. As it stands today, only on the mandate of Anyichuks Odii as the governorship candidate of PDP are people expected to stand on.

The mandate has character, capacity, compassion and great vision.

*EBONYI PEOPLE, BLIGHT ANY OTHER MANDATE, ANYICHUKS ODII IS THE MANDATE WE SHALL ALL STAND ON*

Dr. Kenneth Anozie
Political Analyst