Follow Us on Google
•Adjourns Obi, APP’s petition to May 10
•As AA withdraws petition against Tinubu, INEC
From Godwin Tsa, Abuja
Amid tight security, the Presidential Election Petition Tribunal (PEPT) commenced sitting on Monday with warning to all parties to avoid delay tactics and technicalities that would derail speedy dispensation of the five petitions before it.
Chairman of the five-member tribunal, Justice Haruna Tsamani gave the warning at his inaugural speech to officially kick start the pre-hearing session of the tribunal.
Other members of the panel are Justice Stephen Adah (the PJ of Asaba division); Justice Monsurat O. Bolaji Yusuf (from Asaba division); Boloukuromo Moses Ugo (from Kano division) andJustice Abba Mohammed (from Ibadan division).
The highlight of Monday’s session was the withdrawal of the petition filed by the Action Alliance (AA) against the Independent National Electoral Commission(INEC) and the president elect- Bola Tinubu of the All Progressives Congress (APC).
The withdrawn petition was consequently dismissed by the tribunal after no objection was raised by INEC, APC and Tinubu, who were listed as 1st, 2nd and 3rd respondents respectively.
Monday’s proceedings was witnessed by Governor Simon Bako Lalong of Plateau State (who represented the APC), the presidential candidate of the Labour Party(LP), Mr. Peter Obi, a petitioner at the tribunal, and chieftains of various political parties.
Meanwhile, the tribunal has adjourned proceedings to Wednesday May 10 in the petitions filed by Allied Peoples Party (AAP) and the Labour Party and its presidential candidate, Peter Obi.
Speaking at the inaugural session of the tribunal, Justice Tsamani said, “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 ajf objections so that we can look at substance of the case rather than unnecessary technicalities.
“Let us corporate with each other so that every one will be satisfied that justice has been done.”
Immediately after his speech, lead counsel to the various parties took turns to pledge their cooperation with the tribunal towards achieving the justice in the petitions before it.
Responding, lead counsel to the President-elect, Chief Wole Olanipekun, SAN, 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 Peoples Democratic Party, PDP, Atiku Abubakar, Chief Chris Uche, SAN, said they would do everything possible to assist the court to do justice.
On his part, Dr. Livy Uzoukwu, SAN, who is representing the Labour Party 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,” he added.
In its response, the Independent National Electoral Commission, INEC, through its lawyer, Mr. Abubakar Mahmood, SAN, 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, SAN, stated.
Three petitions were scheduled for hearing at the preliminary session of the tribunal. They are the 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.
However, the petition by the AA was called after the break, its lead counsel, Chief Oba Maduabuchi (SAN) announced that his client has filed a notice to withdraw the petition.
The senior lawyer told the court that a withdrawal notice to that effect was filed since May 3, 2023.
Justice Haruna Tsamani consequently dismissed the petition after all the respondents did not object for the withdrawal.
In its petition marked CA/PEPC/01/2023, and filed on March 16, the A.A. insisted that though its presidential candidate, Solomon Okanigbuan, was validly nominated to contest the presidential election, he was however unlawfully excluded by INEC.
It equally argued that the presidential election was therefore “invalid for non-compliance with the provisions of the Electoral Act 2022, as amended”.
In addition, the A.A. argued that Tinubu “was thus not validly elected as his election contravenes the Electoral Act, the 1999 Constitution and INEC Guidelines for the 2023 general elections.”
The petitioners told the court that Major Hamza Al-Mustapha, who was cited as the 4th Respondent, was not a member of the AA and was not sponsored by the party, adding that he did not participate in its presidential primary election.
After the petition by the AA was withdrawn and dismissed, the Allied Peoples Party (APP) took the stage in urging the tribunal to concede to its relief in view of the overwhelming evidence contained in its petition.
The APP and its presidential candidate, Simon Nnadi are equally challenging the outcome of the February 25 presidential election.
Counsel for the APP, Obed Agu, told the court that the tribunal may wish to concede to the claim of his petition considering the weight of evidence against Tinubu and INEC.
The APP wants the court to nullify the election of Tinubu on the ground that he was not qualified to run.
INEC’s counsel, Mahmoud Yakubu SAN, said he has applications against the APP and would love the court to hear it.
Counsels for APC and Tinubu, Lateef Fagbrmi (SAN) and Wole Olanipekun also said they had filed preliminary objections against the APP.
APP’s petition marked CA/ABJ/PEPC/02/2022, is challenging the results of the presidential election on the grounds of irregularities, including alleged mutilation of election results.
Furthermore, the APP, which is the only applicant in the petition, is also challenging Tinubu’s victory on the grounds that “the first respondent was not qualified to stand for the said election having knowingly supplied false information”, including the alleged falsification of age and educational qualifications.
It also stated that “the first respondent was not duly elected by a majority of lawful votes cast at the election.”
The party also alleged corrupt practices by the staff of the Independent National Electoral Commission, and voter inducement, among others, which, according to the APP, affected the outcome of the elections adding that the election was characterised by “monumental vote buying”
According to the party, “the overvoting took place under the watchful eyes of agents of the third respondent.”
After hearing them, the panel led by Justice Haruna Tsammani adjourned to May 10, advising counsels to be ready to make submissions in their respective applications.
He disclosed that after the pre-hearing session, the panel will then come up with a report, streamlining the issues for determination when hearing begins.
