The Court of Appeal acting as the presidential election tribunal has the Inherent jurisdiction under section 6(6) of the 1999 construction to maintain the status quo ante by restraining the Federal Govt. from swearing in the president elect on the 29th of May 2023 until the determination of the election petition.

The reason being that section 134(1)(a) and section 135(2) of 1999 constitution as amended states that the president holds office until (a) the president elect takes the oath of office while section 135(2) says that the tenure of the president commences when he takes the oath of allegiance and oath of office.

There is nothing in this sections of the constitution that stipulates that the tenure of the present govt. must end in May 29th 2023 nor did it stipulates that the tenure of the incoming govt. must start in 29th May 2023.

Since the legitimacy of the return of Bola Ahmed Tinubu as the president elect in the just concluded presidential election is before the Court of Appeal, it would amount to dissipation or destruction of the Res (subject matter of Dispute) to allow for the inauguration or swearing- in of Bola Ahmed Tinubu as the president of the federal Republic of Nigeria while the matter is in court.

In other to balance the trial and give court free space to decide on the matter, it is absolutely necessary that the Presidential Election Tribunal puts on hold the swearing-in or inauguration of the alleged President elect pending the final decision of the highest court of the land. It is after this that the adjudged winner of the election can legitimately take the oath of office and oath of allegiance.

It is also then it can be said that the tenure of the present govt. can be said to have come to an end and a new tenure commencing.

It will sound novel that this position is being propagated but that is the true and undiluted position of the constitution of Nigeria.

Sections 134 and 135 are clear and must be given their literal interpretation. So long as the constitution does not say that the tenure of every level of govt must come to an end on the 29th of May 2023, then the position of sections 134 &135 of the constitution must be given its imprimatur by the courts of the land.

A presidential election petition is no more important than every other litigation in the country and since other States now have their off-season elections by court decisions, it then goes to give credence to the fact that May 29th is not sacrosanct for the inauguration of a new govt. The swearing of a new govt. at the federal level, must await the final decision of the highest court of the land.

My humble view on this matter.

Barr. Ifeanyi Anugom