Author: Vivian Michael

The Presidential Election Petition (PEPC) is taking shape as another party, the Action Peoples Party (APP) has withdrawn its suit challenging the emergence of Senator Ahmed Bola Tinubu of the All Progressive Congress (APC) as the President-elect in the 2023 Presidential election.

At the Monday sitting, Action Alliance Party (AA) announced its withdrawal from the legal battle and the court granted their leave and dismissed the suit.

As the court adjourned, it directed the parties to raise and agree on issues for determination. Ideally, today’s session is aimed at setting a procedure of engagement that will save a lot of valuable time when the real hearing begins.

Consequently, at the resumed proceeding, counsel to APP, Obed Agu, informed the court of the motion on notice dated and filed on the 9th of May, indicating the party’s intention to withdraw the suit number CA/PEPC/02/2023, pursuant to paragraph 29, subsection 1, 2, 3, 4 of the schedule election petition. 

“We adopt the affidavit and other affidavits against terms of withdrawal of this application. 

“We want an order of the court to grant us leave to withdraw the petition, also an order to either strike out or dismiss the petition”.

Responding, counsel to Tinubu (1st Respondent), Chief Woke Olanipeku (SAN), informed the court that they are not opposing the application for withdrawal.

”We commend the petitioner for the motion to strike out the petition and hope that more will still come.

“My lords, we are not asking for a cost”

On their parts, Counsel to APC, Lateef Fagbemi SAN, and counsel to the Independent National Electoral Commission (INEC), Abubakar Mahmoud, SAN, respectively aligned with Olanipeku and asked the court to grant the leave of the petitioner without cost.

The court on the bench ruling, granted the leave of the petitioner and dismissed the suit without cost.

“Having considered the application, we are certified that there was no collision on the part of the respondents. 

‘The petition is hereby dismissed, having been withdrawn. We award no cost,” the court held.

Recall that Allied Peoples Party, APP, and Simon Nnadi are before the tribunal against President-elect Bola Tinubu and the Independent National Electoral Commission (INEC).

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, Wole Olanipekun and Lateef Fagbemi, said they had preliminary objections against the APP also.

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 the hearing begins.

Meanwhile, Olanipekun told the judges that “experience has shown over the years, that it is better that issues be submitted after submission of evidence.”

Responding to Olanipekun, the panel held that in other to save time for the court, it will consider the issues raised in the pre-hearing session, come up with its report and draw up the issues that will guide the court and parties during the hearing.

The President-elect, Senator Bola Ahmed Tinubu, has prayed the Presidential Election Petition Court (PEPC), sitting in Abuja to discountenance a petition, instituted by the Allied Peoples Movement (APM) that seeks to nullify his election victory.

Counsel to Bola Ahmed Tinubu, Chief Akin Olujinmi, SAN, averred that the case in the petition marked: CA/PEPC/04/2023 lack merit and substance.

Relying on Section 131(c) and 142 of the 1999 Constitution, as amended, APM maintained that the withdrawal of Mr. Ibrahim Masari who was initially nominated as the Vice-Presidential candidate of the All Progressives Congress, APC, invalidated Tinubu’s candidacy.

The party through its counsel, Mr. M. O. Atoyebi, SAN, argued that there was a gap of about three weeks between the period that Masari, who was listed as the 5th Respondent in the petition, expressed intention to withdraw and the actual withdrawal of his purported nomination, and the time Tinubu purportedly replaced him with Senator Kashim Shettima.

They further argued that Tinubu’s candidature had elapsed as at the time he nominated Shettima as Masari’s replacement.

According to the petitioner, as at the time Tinubu announced Shettima as the Vice Presidential candidate, “he was no longer in a position, constitutionally, to nominate a running mate since he had ceased to be a presidential candidate of the 2nd Respondent having regards to the provisions of section 142 of the 1999 Constitution”.

The party further contended that Masari’s initial nomination activated the joint ticket principle enshrined in the Constitution, stressing that his subsequent withdrawal invalidated the said joint ticket.

It, therefore, prayed the court to declare that Shettima was not qualified to contest as the Vice-Presidential candidate of the APC as at February 25 when the election was conducted by INEC having violated the provisions the of Section 35 of the Electoral Act, 2022.

It want an order nullifying and voiding all the votes scored by Tinubu in the presidential election in view of his non-qualification as a candidate of the APC”.

As well as an order to set aside the Certificate of Return that was issued to the President-elect by the Independent National Electoral Commission, INEC.

Osun State Governor, Ademola Adeleke and his predecessor, Gboyega Oyetola will know their fate in the controversy trailing the outcome of the July 16, 2022 governorship election.

The Independent National Electoral Commission (INEC) had declared Adeleke of the Peoples Democratic Party (PDP) winner of the poll, saying he polled 403,371 votes to sack Oyetola who was the then incumbent with 375,027.

Oyetola and his party – the All Progressives Congress (APC) had alleged irregularities in the polls and challenged Adeleke’s victory in the Election Petitions Tribunal.

Respite came for the former governor on January 27, 2023, as Justice Tertse Kume who gave the majority judgement upturned Adeleke’s victory and declared Oyetola the winner of the poll.

Justice Kume held that Oyetola scored the majority lawful votes of 314,931 against Adeleke’s 290,266.

Not satisfied with the judgement Displeased, Adeleke and the PDP headed to the Court of Appeal, which on March 24 nullified the tribunal judgment and returned Adeleke as the winner.

Aggrieved with the Appeal Court verdict, Oyetola and the PDP headed for the Supreme Court, which held the matter on Monday and fixed judgment for today (Tuesday).

On Monday, the parties adopted their briefs and addressed the court after which the panel announced Tuesday for judgment.

The Presidential Election Petition Court(PEPC) sitting in Abuja has adjourned till Wednesday, further pre-hearing session on the petition of the Labour Party and its candidate, Peter Obi, and Action Peoples Party(APP) challenging Senator Ahmed Tinubu of the All Progressive Congress’ emergence as president-elect.
The court asked the parties in the matter to go and harmonize their processes to determine the issues to be raised and object and come back Wednesday (10th May). 

Justice Haruna Tsammani led a five-member panel that also adjourned the case of the Peoples Democratic Party, PDP, and its candidate, Alhaji Atiku Abubakar till Tuesday.

Among those in court to witness the proceedings were the presidential candidate of the LP, Mr Peter Obi.

Also in court to witness the proceeding was the Governor of Plateau State Simon Lalong who represented his party, the All Progressives Congress, APC.

The court adjourned till Wednesday after parties in the matter informed the court that they have filed their answers to the questions posed by the petitioner.

The 2023 Presidential Election Petition Court (PEPC) has revealed identities of it’s five-member panel of Justices of the Court of Appeal that will hear and determine all petitions against Bola Ahmed Tinubu of the All Progressive Congress (APC).

The panel will be headed by the Presiding Justice (PJ) of the Abuja Division of the Court of Appeal, Justice Haruna Tsammani, while other members of the panel are; Justice Stephen Adah (PJ Asaba Division), Justice Minsurat Bolaji-Yusuf (Asaba Division), Justice Boluokuromo Ugo (Kano Division), as well as Justice Abba Mohammed (Ibadan Division).

Meanwhile, Mr Peter Obi of the Labour Party(LP) on Monday stormed the Presidential Election Petition Court, PEPC, sitting at the Court of Appeal in Abuja.

Obi and his party are challenging the declaration of Bola Tinubu of the All Progressives Congress, APC, as winner of the presidential election that held on February 25.

The former Governor of Anambra state is insistent that he was the clear winner of the election and among other things, is seeking the withdrawal of the Certificate of Return that was issued to Tinubu. 

Also, Obi maintains that Tinubu was not even qualified to contest the election in view of his previous indictment and forfeiture of funds in a drug related case in the United States of America.

In his prayers, he equally posited that Tinubu was not duly elected with majority of valid votes cast at the election, insisting that he failed to win the Federal Capital Territory, FCT, as required by the Constitution.

The Apex Court fixed the date for the judgment after taking arguments from the parties involved in the matter.

The Supreme Court will on Tuesday, May 9, give judgment and lay to rest the disputed July 16, 2022 Governorship election in Osun State.

Adegboyega Oyetola of the All Progressives Congress (APC is challenging the election of the incumbent Governor Ademola Nurudeen Adeleke of the People’s Democratic Party (PDP).

Recall that the Court of Appeal in Abuja had on Friday, March 24, vacated the tribunal judgment that nullified the election of Gov. Ademola Adeleke of Osun State.

The appellate court, in a unanimous decision by a three-member panel of Justices, held that the appeal Adeleke lodged to challenge his sack by the Osun State Governorship Election Petition Tribunal, was meritorious.

Aside from setting aside the judgment of the tribunal, the court, in its lead judgment that was delivered by Justice Mohammed Lawal, awarded N500, 000 cost against the All Progressive Congress, APC, and its candidate, Gboyega Oyetola.

Not satisfied with the decision of the appellate court, Oyetola headed to Supreme Court for exploration of more legal options.

By Vivian Michael, Abuja

Candidate of the People’s Democratic Party (PDP) Alhaji Atiku Abubakar, has approached the Presidential Election Petition Court (PEPC) for an order to allow live broadcast of the day-to-day proceedings regarding his petition.

Specifically, Atiku and his party are praying 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 on their behalf by their team of lawyers led by Chief Chris Uche, SAN, is predicated amongst other grounds that: The matter before the Honourable Court is a dispute over the outcome of the Presidential Election held on 25th February 2023, a matter of national concern and public interest, involving citizens and voters in the 36 States of the Federation and the Federal Capital Territory, Abuja, who voted and participated in the said election; and the International Community as regards the workings of Nigeria’s Electoral Process”. 

According to Atiku, being a unique electoral dispute with a peculiar constitutional dimension, it is a matter of public interest, whereof millions of Nigerian citizens and voters are stakeholders with a constitutional right to get access to the proceedings.

“An integral part of the constitutional duty of the Court is to hold proceedings in public; it 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 Honourable 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 Honourable Court, and will enhance public confidence,” Atiku said.

The Nigerian Bar Association (NBA), had in its communique at the end of its National Executive Committee meeting in Birnin Kebbi on March 23, called on the judiciary to allow 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. 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.

Similarly, 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).

No date has been fixed for hearing in the fresh application.