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Presidential Poll: Court adjourns Obi’s petition against Tinubu till May 17

The Labour Party’s Mr. Peter Obi filed a case to contest the results of the 2023 presidential election, and the Presidential Election case Tribunal, PEPC, in Abuja has postponed further proceedings until May 17.
Following a decision reached by all involved parties, the meeting was adjourned.

The Independent National Electoral Commission, INEC, President-elect Bola Tinubu, Vice-President-elect Kashim Shettima, and the All Progressives Congress, APC, are listed as the petition’s first through fourth respondent
As soon as the case’s hearings started, Obi and the LP informed the court that the parties had met and decided to request an adjournment so they could file and exchange the appropriate legal documents.
He informed the court that numerous procedures and motions had still to be submitted in the case.

The adjournment, according to Uzoukwu, SAN, will allow for a swift hearing and decision on the issue.

“My Lords, we met and agreed that the matter should be adjourned till next week Wednesday, so that when we are coming back, we will be sure that the processes are ripe for hearing.

“We also agreed that before then, we will meet and take decision on documents that are not in contention and documents that are controversial,” Uzoukwu added.

After a brief discussion on Wednesday afternoon, the parties decided to apply for an adjournment, according to confirmation from INEC through its attorney, Mr. A. B. Mahmood (SAN).

The delay was required, said to Chief Wole Olanipekun (SAN), the attorney for Tinubu and Shettima, “so that when we come on Wednesday all the applications will be ready for adoption,” he added.

Prince Lateef Fagbemi (SAN), the APC’s attorney, also stated that his client thought the adjournment would speed up the process.

The five-member panel, led by Justice Haruna Tsammani, agreed to the request for an adjournment after hearing from all the parties.

The petition’s essential problems must be identified, according to the court’s directive to the parties.

The matter was then put on hold while the pre-hearing session continued.

Prayers

Obi, a candidate for the LP, specifically asked the court in his petition to rule that Tinubu had not been legitimately elected by the majority of the valid votes cast in the election.

Obi claimed that Tinubu was ineligible to run for office at the time of the election in the petition, which he based on three arguments.

He maintained that he was still the APC nominee for the Borno Central Senatorial race at the time Tinubu’s running mate, Senator Kashim Shettima, was nominated to run for vice president.

Obi and the LP also contested Tinubu’s eligibility to run for president, claiming that he had previously been fined $460,000 for a crime involving dishonesty and drug trafficking by the United States District Court, Northern District of Illinois, Eastern Division, in Case No: 93C 4483.

The petitioners stated that INEC operated in violation of its own laws and guidelines on the grounds that the election was unlawful due to corrupt activities and non-compliance with the provisions of the Electoral Act, 2022.

The petitioners argued that the electoral body was mandated to establish and implement technological devices for the accreditation, verification, continuation, and authentication of voters and their information as contained in its Regulations during the conduct of the presidential election.

As a result, they requested that the court rule that Tinubu was unable to run for office and also rule that any votes cast for him were invalid due to his ineligibility or disqualification.

“That it be determined that on the basis of the remaining votes (after discountenancing the votes credited to the 2nd Respondent) the 1st Petitioner scored a majority of the lawful votes cast at the election and had not less than 25% of the votes cast in at least 2/3 of the States of the Federation, and the Federal Capital Territory, Abuja, and satisfied the constitutional requirements to be declared the winner of the 25th February 2023 presidential election.

“That it be determined that the 2nd Respondent having failed to score one-quarter of the votes cast at the presidential election in the Federal Capital Territory, Abuja, was not entitled to be declared and returned as the winner of the presidential election held on 25th February, 2023.

… substitute

Alternately, the petitioners are asking for a ruling that declares the election void and orders INEC to hold a new election in which Tinubu, Shettima, and the APC, who are named as the 2nd, 3rd, and 4th respondents, respectively, are not allowed to run.

They requested the court to rule that Tinubu’s return as the winner of the presidential election was illegal, unconstitutional, and had no bearing at all because he had not been properly elected by a majority of the valid votes cast in the election.

“That it be determined that based on the valid votes cast at the presidential election of 25th February, 2023, the 1st Petitioner scored the highest number of votes cast at the election and not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the states of the federation and the FCT, Abuja, and ought to be declared and returned as the winner of the presidential election.

“An order directing the 1st Respondent to issue the Certificate of Return to the 1st Petitioner as the duly elected President of the Federal Republic of Nigeria”.

In addition, “That it be determined that the Certificate of Return wrongly issued to the 2nd Respondent by the 1st Respondent is null and void and be set aside.”

The petitioners asked for an order “cancelling the presidential election conducted on February 25, 2023 and mandating the 1st Respondent to conduct a fresh election for the President, Federal Republic of Nigeria” in a different alternative prayer.

In the meantime, Obi Wednesday supported Alhaji Atiku Abubakar, the PDP candidate, in his demand for live coverage of the daily proceedings on petitions challenging the proclamation of Tinubu of the APC as the winner of the presidential election.

Ogechi Chukwu

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