Supreme Court Dismisses Frivolous Suit Challenging Buhari and Tinubu’s Election Wins, Imposes N5 Million Fine on Owuru
The Supreme Court of Nigeria has dismissed a “frivolous and vexatious” suit challenging the presidential election victories of Muhammadu Buhari in 2019 and Bola Tinubu in 2023, imposing a N5 million fine on the Applicant, Chief Ambrose Albert Owuru, a former presidential candidate of the Hope Democratic Party (HDP).
A five-member panel of Justices, led by Justice Uwani Abba-Aji, delivered the judgment on Monday in Abuja, noting that Owuru’s suit lacked merit and was an abuse of court processes.
The suit was filed against Buhari, the Attorney-General of the Federation, the Independent National Electoral Commission (INEC), and President Tinubu.
Owuru had argued that he won the 2019 presidential election, alleging that the Supreme Court wrongly dismissed his case against Buhari’s re-election and Tinubu’s swearing-in. His earlier case was struck out as statute-barred (filed after the allowed period), but Owuru claimed that the Supreme Court failed to address the substance of his case.
The applicant sought to revive his appeal with a motion filed on February 26, 2024, requesting the court to restore the appeal that had been dismissed on January 29, 2024.
When questioned by the apex court, Owuru maintained that his application was competent, citing several exhibits he believed would support his case.
However, Assistant Chief State Counsel, Adedayo Ogundele, informed the court that this was the third time Owuru had brought the same matter before the Supreme Court, each time resulting in a dismissal.
Ogundele emphasized that a previous attempt had also been dismissed in 2023, stating, “He sent a younger counsel, and the apex court dismissed it”.
In a brief ruling, Justice Abba-Aji, agreeing with Tinubu’s and the AGF’s counsels, declared that Owuru’s latest application was “incompetent” and ordered its dismissal.
The court further stated that the processes filed by Owuru were “frivolous and vexatious” and criticized his actions as unbecoming of a Senior Counsel with over 40 years of legal experience.
Justice Abba-Aji remarked, “The processes filed by Chief Owuru are frivolous and vexatious, and unbecoming of a Senior Counsel of his years of experience (called to the bar in 1984). This is an abuse of court process and ought to be penalized for taking up so much of the court’s time.” The court emphasized that such repeated actions were an abuse of the judicial process, wasting valuable court time.
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The Supreme Court also imposed a fine of N5 million on Owuru, payable to President Tinubu, and directed that the court’s registry refuse to accept any future suits from Owuru that are deemed frivolous.
Justice Abba-Aji further stated, “This is an abuse of court process and ought to be penalized for taking up so much of the court’s time.”
Owuru had arrived at the Supreme Court wearing his wig and gown to argue his case. However, the court ordered him to remove his attire, reminding him that his behavior was inappropriate for a lawyer of his standing.
Justice Abba-Aji instructed, “You are ordered out of the Bar and directed to remove your wig and gown before you can be allowed to argue your case.”
Despite attempts to defend his actions, Owuru’s explanations were deemed unconvincing, and the court threatened to refer him to the Legal Practitioners Disciplinary Committee (LPDC) for further action.
Justice Abba-Aji harshly criticized Owuru’s conduct, describing it as “unbecoming of a lawyer of over 40 years” and stated that his repeated suits, which had been previously dismissed, were a gross abuse of the legal process.
The court’s decision came after counsel for President Tinubu, Bode Olanipekun SAN, pointed out the frivolous nature of Owuru’s suits, which had previously been rejected on similar grounds.
Olanipekun SAN remarked, “The direction of the fresh suit could not be understood because of the poor ways and manners it was couched by the applicant.”
Olanipekun also expressed that Owuru’s conduct was becoming unbearable in the legal profession, stating, “It is difficult for me to apologize to the court on behalf of Owuru because the conduct of the applicant has become something unbearable in the practice of the law profession.”
Taiwo Osipitan SAN, a Senior Advocate of Nigeria, added that Owuru’s actions would be referred to the Nigerian Bar Association (NBA) for further disciplinary measures. Osipitan stated, “The conduct of the former presidential candidate will be referred to the Nigerian Bar Association, NBA.”
Earlier, the Court of Appeal had imposed a N40 million fine on Owuru for filing a similar suit, which was also deemed frivolous.
His new suit, which sought to disqualify Tinubu as President, cited claims of non-qualification and alleged links to foreign authorities, including accusations related to a $460,000 forfeiture over an alleged drug trafficking-related offense.
Owuru had also called for Tinubu’s removal from office, claiming the president was under foreign control and was ineligible for office. Owuru claimed that his suit at the Supreme Court, which sought to remove Buhari from office, was “technically jettisoned” due to a mix-up in hearing dates.
Despite Owuru’s persistent legal challenges, the Supreme Court has made it clear that it will not tolerate such actions, emphasizing the need for respect for the judicial process.
The court’s ruling serves as a reminder that frivolous lawsuits will not be entertained, and those who abuse the legal system will face significant consequences.
