Afam Osigwe, a Senior Advocate of Nigeria, says he would be surprised if a judge granted an injunction to prevent President-elect Bola Ahmed Tinubu’s inauguration.
Osigwe recently spoke with Punch about the petition brought by the Labour Party and the Peoples Democratic Party (PDP) against INEC and the All Progressive Congress (APC) (APC).
He emphasized that every measure taken in the run-up to the approaching inauguration was done in accordance with the law.
He said:
“…I would be shocked if any court grants an injunction to restrain a person who has been declared the winner of an election from being sworn in.”
Osigwe further gave some precedents, like in the aftermath of the 2003, 2007, 2011 and 2019 presidential elections, where the loser went to court to challenge the winner’s victory.
He stated that in those times, the inauguration of the winner was held, and there was no injunction to halt the inauguration.
Osigwe said:
“At the return to civil reign, while Obasanjo was declared a winner, other contestants went to court. They did so in 2003, 2007, and 2011, and I think it was only in 2015 that the losers did not approach the court. In 2019, Atiku went to court, but the winners of these elections were sworn in. It never stopped anything.
“If, hypothetically, the court gives the order to remove a person, it will take effect if it is upheld by the Supreme Court. Our laws could be such that petitions are determined before swearing in; I subscribe to that.
“However, when somebody challenges your victory, there will be uncertainty until there is a final determination, but it should not stop the winner from assuming power.”
The senior advocate also noted that an interim government will only amount to anarchy as they do not have any statutory framework to govern or make and implement decisions.