The Presidential Election Petition Court, PEPC, sitting in
Abuja, has commenced the delivery of judgement on the petition the Allied
Peoples Movement, APM, filed to nullify the election of President Bola Tinubu.
The five-member panel of the court led by Justice Haruna
Tsammani, had disclosed that it would not read everything in the judgement,
especially all the arguments that were canvassed during the hearing.
The panel further stressed that though all the three cases
challenging President Tinubu’s election were consolidated, the petitions will
however maintain their separate identities.
Whereas the petition by the Labour Party and its candidate
in the presidential election that held on February 25, Peter Obi, was called
first, however, the panel, kick-started its verdict with that of the APM.
Cited as 1st to 5th defendants in APM’s petition marked:
CA/PEPC/04/2023, are the Independent National Electoral Commission, INEC, the
ruling All Progressives Congress, APC, President Tinubu, Vice President Kashim
Shettima, and Mr. Kabiru Masari.
During the hearing, while the petitioner, through its
lawyer, Mr. Andrew Malgwi, SAN, urged the court to sack Tinubu and withdraw the
Certificate of Return that was issued to him by INEC, on the other hand, all
the Defendants prayed the court to dismiss the case for want of competence.
President Tinubu, through his team of lawyers led by Chief
Wole Olanipekun, SAN, maintained that the petition the APM lodged against him,
lacked merit.
He argued that the sole issue the party relied upon to seek
his sack from office, which bordered on allegation that his Vice President,
Shettima, was nominated twice by the APC for different elective positions, had
already been decided by the supreme Court.
President Tinubu argued that APM’s petition did not only
fail to disclose a reasonably cause of action against him, but was equally
bereft of substance.
Likewise, both counsel for the APC, Prince Lateef Fagbemi,
SAN, and that of INEC, Mr. Steven Adehi, SAN, separately urged the court to
dismiss the petition.
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Whereas APC told the court that Tinubu’s nomination and
eligibility to contest the presidential election that held on February 25, was
without fault, on its part, INEC, threw its weight behind the outcome of the
poll.
After it had listened to all the parties, the Justice
Tsammani-led panel said it would communicate the judgement date to them.
It will be recalled that the APM closed its case on June 21,
after its lone witness testified before the court.
Specifically, APM, in its petition, contended that the
withdrawal of Mr. Masari, who was initially nominated as the Vice-Presidential
candidate of the APC, invalidated Tinubu’s candidacy in view of Section 131(c)
and 142 of the 1999 Constitution, as amended.
The party 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, the actual withdrawal of his
purported nomination, and the time Tinubu purportedly replaced him with Senator
Shettima.
It 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”.
More so, APM, 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.
“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 by INEC.
The court had on May 30, suspended further proceedings in
the matter after counsel to President Tinubu, Chief Olanipekun, SAN, drew its
attention to a judgement of the Supreme Court which he said settled the issue
the APM raised in its petition.
Chief Olanipekun, SAN, maintained that an appeal the Peoples
Democratic Party, PDP, filed against President Tinubu, which was dismissed by
the Supreme Court, bordered on the legality or otherwise of his client’s
nomination to contest the election by the APC.
He argued that the said judgement of the apex court touched
on the substance of APM’s petition.
Tinubu’s lawyer stressed that the only ground the APM
canvassed in its petition, was the fact that the Vice President, Shettima, had
double nominations, prior to the presidential election that held on February
25.
Insisting that the issue had since been settled by the
Supreme Court, Tinubu’s lead counsel, said: “As officers of this court, it
behoves us to assist the court in all circumstances and also bring to the
attention of yours lordships, decisions of courts, even from other
jurisdictions, which relate to any matter pending before yours lordships.
“Even if those decisions do not necessarily align with the
interest of our clients. If becomes more imperative if we are aware or abreast
of any decision of the Supreme Court which touches on matters within the
proceedings before your lordships.
“In this wise my lords, this particular petition which has
just been called in respect of which the sole issue that is being ventilated is
the nomination of the 1st Respondent who we represent.
“We are aware that the Supreme Court gave a judgement on the
issue on Friday, May 23, in respect of appeal No: SC/CV/501/2023, and the
parties involved were PDP Vs INEC& 3 Ors, where the apex court considered
all the issues and resolved them.
“We will confirm from the petitioners, whether in the light
of the Supreme Court decision, there will still be the need to continue with
this petition,” he added.
Following its decision not to withdraw the petition, the APM
tendered in evidence before the court, exhibits it said would establish its
case that Tinubu was ineligible to contest the presidential election.
Part of exhibits the petitioner tendered in evidence through
the witness, Aisha Abubakar, who identified herself as the Assistant Welfare
Director of the party, included documents on Masari’s withdrawal as Tinubu’s
running mate for the election.
However, before the witness could exit the box, APC’s lead
counsel, Prince Fagbemi, SAN, tendered through her, a copy of the Supreme Court
judgement which the Respondents said had earlier settled the issue the APM
raised in the petition.
On his part, INEC’s lawyer, Mr. Kemi Pinhero, tendered
before the court, a letter dated July 6, which the APC wrote to Chairman of the
Commission, Prof. Mahmoud Yakubu, notifying him of the withdrawal of Shettima’s
nomination as its senatorial candidate in Borno state.
Equally admitted in evidence by the court was a letter that
indicated that one Mr. Lawal Kaka Shehu, was subsequently nominated to replace
Shettima as APC’s flag-bearer for senatorial poll.
After the witness was discharged from the box, a Deputy
Director at the INEC, Mr. John Arabs, who was summoned through a subpoena,
produced and tendered documents in evidence, among which included the “original
online form” which Shettima submitted to indicate his withdrawal from the
senatorial race.
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