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From Godwin Tsa, Abuja
Amid tight security, the Presidential Election Petition Tribunal (PEPT) commenced sitting, yesterday, with warning to all parties to avoid delay tactics and technicalities that could derail speedy dispensation of the five petitions before it.
Chairman of the five-member tribunal, Justice Haruna Tsamani, gave the admonition in his inaugural speech to officially kickstart the pre-hearing session.
The tribunal has 180 day to conclude its assignment.
Other members of the panel are Justice Stephen Adah, Justice Monsurat O. Bolaji Yusuf, Boloukuromo Moses Ugo and Justice Abba Mohammed.
According to the Independent National Electoral Commission (INEC), Bola Tinubu of the All Progressives Congress (APC) polled 8,794,726 votes to win the election. Atiku Abubakar of the Peoples Democratic Party (PDP) came second with 6,984,520 votes while Peter Obi polled 6,101,533 votes. Not satisfied with the outcome, Atiku and Obi had approached the tribunal to annul Tinubu’s victory.
The court pre-hearing resumed at about 9:15 am with an opening remark by Justice Tsammani, who assured that everyone would be satisfied with the verdict at the end of the case and advised lawyers against frivolous applications that could delay proceedings at the court.
“As we commence hearing of the petitions, let us avoid making sensational comments. Let us consider the safety and interest of the country, that is paramount.
“We should avoid unnecessary time wasting applications and objections so that we can look at substance of the case rather than unnecessary technicalities.
“Let us cooperate with each other so that every one will be satisfied that justice has been done.”
Lead counsel to the various parties pledged their cooperation with the tribunal towards achieving the justice in the petitions before it.
Lawyer for the President-elect, Chief Wole Olanipekun, assured the court of the maximum corporation of his team, saying there was need for the matter to be determined without recourse to unnecessary technicalities.
In like manner, head of the team of lawyers representing the presidential candidate of the PDP and Atiku, Chief Chris Uche, said they would do everything possible to assist the court to do justice.
On his part, Dr. Livy Uzoukwu, who is representing the LP and its candidate, Mr. Peter Obi, noted that the petitions were of great public interest, saying “at the end of the day, I am very confident that the petitions will impact on Nigeria’s jurisprudence and constitutionalism. We will do everything possible to assist your Lordships.”
INEC, through its lawyer, Mr. Abubakar Mahmood, expressed confidence of the electoral body on the ability of the court to do justice on all the petitions before it.
“My lords, we are confident that at the end of the day, justice will be done,” Mahmood, stated.
Three petitions were scheduled for hearing at the preliminary session of the tribunal – petitions by Action Alliance (AA) marked: CA/PEPC/01/2023; Action Peoples Party (APP) marked: CA/PEPC/02/2023 and Peter Obi & Labour Party (LP) marked: CA/PEPC/03/2023.
Highlight of the session was the withdrawal of the petition filed by the AA against INEC and Tinubu of APC. Chief Oba Maduabuchi, who led the party’s legal team had applied to discontinue further proceedings in the petition. The senior lawyer told the court that a withdrawal notice to that effect was filed on May 3. Justice Tsamani consequently dismissed the petition after all the respondents did not object for the withdrawal.
Other petitions slated for the pre-hearing session are those of the Action Peoples Party (APP) which has Bola Ahmed Tinubu, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as three respondents.The opening proceedings was witnessed by Governor Simon Lalong of Plateau State (who represented the APC), Mr. Obi, and chieftains of various parties.
•Protesters ask Tribunal to stop Tinubu’s inauguration
The session was not without drama as a group of protesters who claimed to be members of a coalition of civil societies, urged the court to stop the inauguration, on the premise that there were still several pending issues involving the APC candidate. They were, however, dispersed by security operatives after a brief moment of congregating outside the Court even as processes continued inside the tribunal.
•Atiku, PDP seeks live broadcast of proceedings
In an application dated May 5, Atiku has prayed the court for an order directing the court’s registry and the parties on modalities for admission of media practitioners and their equipment into the courtroom.
The application filed by their team of lawyers led by Mr Chris Uche contended that being a unique electoral dispute with a peculiar constitutional dimension, it was a matter of public interest where millions of Nigerians were stakeholders with a constitutional right to receive.
“An integral part of the constitutional duty of the court to hold proceedings in public is a discretion to allow public access to proceedings either physically or by electronic means.
“With the huge and tremendous technological advances and developments in Nigeria and beyond, including the current trend by this court towards embracing electronic procedures, virtual hearing and electronic filing, a departure from the rules to allow a regulated televising of the proceedings in this matter is in consonance with the maxim that justice must not only be done, but must be seen to be done.
“Televising court proceedings is not alien to this court, and will enhance public confidence.”
The Nigerian Bar Association (NBA), had in its communique at the end of its National Executive Committee meeting in Birnin Kebbi on March 23 made a similar call. The NBA had urged the judiciary to allow for live broadcast of court hearings on election petitions, particularly the presidential election cases.
Also, a group, under the aegis of Leaders of Thoughts and Legal Icons, had supported the initiative.
The group had invited Nigerians to sign an appeal an online platform in support of the initiative.
Mr Femi Falana, a human rights lawyer also backed calls for live broadcast of election petition trials.
No date has been fixed for hearing of the application.
A group, under the aegis of Leaders of Thoughts and Legal Icons, had also supported the initiative. To this end, the group had invited Nigerians to sign up on an appeal on commonbliceng, a non-partisan online platform, in support of the initiative.
Similarly, leading human rights lawyer, Femi Falana and key leaders of thought of Project Nigeria Movement (PNM), a body of eminent leaders of thought in the country, led by foremost constitutional lawyer, Prof Ben Nwabueze have backed calls for live broadcast of election petition trials.
In the same vein, former Director General of Nigeria Television Authority and communications scholar, Prof Tonnie Iredia had in an incisive published paper called for televising election petition proceedings in Nigeria in the interest of national concern and public interest, as envisaged by the 1999 Constitution (As Amended).
