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A senior lawyer, Dr. Joseph Nwobike SAN, has described the verdict of the Presidential Election tribunal, which upheld the election of President Bola Tinubu as as a true reflection of the principles of law that govern and underpin election litigations in Nigeria.
The Presidential Election Petitions Tribunal, PEPT, had on Wednesday, September 6, delivered judgement in the petitions filed by Atiku Abubakar and the Peoples Democratic Party, PDP, Peter Obi and the Labour Party, and the Allied Peoples Movement, APM, challenging the declaration of Bola Tinubu of the All Progressives Congress, APC, winner of the February 25 presidential poll.
Speaking on the judgement, Dr. Joseph Nwobike SAN commended the diligence, undaunted thoroughness, and professionalism of the five-member bench, led by Justice Haruna Tsammani in interpreting the law.
He however said parties who are dissatisfied are at liberty to proceed to the Supreme Court to test the decisions of the Tribunal.
He said “The learned justices on the Trinunal’s Bench examined and resolved all the issues of law and fact in favour of the Respondents after considering the evidence led and the applicable laws.
“For instance, the Tribunal decided that the 2nd Respondent was qualified to contest the presidential election and that the Order for forfeiture made by the Court in Illinois, United States of America was not a conviction within the contemplation of the provisions of section 137 of the Constitution of Nigeria.
“The Tribunal held that the Petitioners failed to prove that the President was convicted in the United States of America as alleged in their respective petitions. The Tribunal equally decided that INEC has the discretion on how to transmit election results.
“In my view, the judgement accords with the established principles of law that govern and underpin election litigations in Nigeria. I believe that the parties will proceed to the Supreme Court to test the decisions of the Tribunal. I will encourage all the parties and their supporters to abide by the decisions of the courts in this and all regards.
“I must confess that the Judegments delivered by the Tribunal are unassailable. The basis for the resolution of all the issues of law and facts formulated by the parties are consistent with the body of judicial precedents on all the points.
“The decisions are, therefore, correct. However, the petitioners can still pursue their respective remedies to the Supreme Court as is customary in electoral disputes of this magnitude.
“I will want to appreciate the learned justices for the rare industry applied in writing and delivering the Judegments. This is rare in the annals of modern judicial history in the common law jurisdictions. The decisions will for a long time to come, serve as a veritable guide for lawyers, administrators and politicians involved in electoral processes in Nigeria and, perhaps, beyond.”
