Tribunal Strikes Out Peter Obi’s Petition For Lack Of Merit

Presidential Election Petitions Court has thrown out the petitions brought before it by the Presidential candidate of Labour party, Peter Obi against the victory of President Bola Ahmed Tinubu of the All Progressives Congress for lack of merit.

The Tribunal described the petition filed by Labour party and its presidential candidate, Peter Obi, challenging the victory of Bola Tinubu in the February 25, 2023 presidential election, as “unmeritorious”.

The five-man panel of justices led by Justice Haruna Tsammani, described as ridiculous the argument by the Labour party that Tinubu ought not to be declared winner of the election because he scored less than 25 per cent votes in the Federal Capital Territory (FCT), and was not duly elected by majority of lawful votes cast.

The tribunal judgement read by Justice Haruna Tsammani cited the Nigeria constitution that provides for the equality of citizens and held that by the provisions of Section 134 (2a) of the constitution, and without any form of equivocation, “scoring 25 percent in the FCT in a presidential election is not mandatory and this issue was also resolved against the petitioner and in favour of the respondent”.

On the issue of non-compliance with the Electoral Act and INEC Regulations and Guidelines, Justice Tsammani says the only technological device that is mandatory for INEC to use for the election is the Bimodal Voters Accreditation System (BVAS).

He added that there is nothing in the regulation to show that the BVAS must electronically transmit polling unit results.

The tribunal also held that IREV is not a collation system, and the judgement in the case of Oyetola and INEC clearly supports the ruling.

“There is no provision for the electronic transmission of election results in the Electoral Act 2022,” says Justice Tsammani.

The tribunal also ruled that the Labour Party (LP)’s petition of irregularities in the 2023 presidential election was generic.

“Pleading must set out material facts and particulars. In the instant petition, there was no effort to prove specific allegations, particulars of complaints.

“The law is clear that where someone alleges irregularities in a particular polling unit, such person must prove the particular irregularities in that polling unit before that petition can succeed”, the Tribunal added.

According to the Tribunal, the petitioners did not prove the particular polling units where the election did not take place nor did they specify particulars of polling units where there are alleged complainants of irregularities.

“It was only in one instance that figures were given of alleged suppressed votes and we all know that elections are about figures,” says Tribunal.

LP had alleged that the Independent National Electoral Commission (INEC) reduced their scores and added it to All Progressives Congress (APC)’s votes.

But the court said LP failed to supply particulars of what they actually scored before the said reductions, neither did they supply the polling units where it happened.

The Presidential Election Petition Court while delivering judgement, struck out the evidence of 10 out of the 13 witnesses called by Peter Obi and the Labour Party (LP) in support of their petition against the election of President Bola Tinubu.

The court held that the witnesses, who were subpoenaed at the instance of the petitioners, had their written statements, which contained their evidence, were not filed along or frontloaded with the petition within the 21 days allowed by the Electoral Act 2022.

The court, also rejected the documents, including the report of analysis, tendered by the petitioners through the affected 10 witnesses.

The court also held that some of the witnesses are not only persons with interest in the outcome of the case, the reports they tendered were made during the pendency of the case.

The court also dismissed the Labour Party’s 25% FCT votes claim stating that the FCT residents have no special privileges as the petitioners claimed. The ruling was made in response to a petition filed by the Labour Party and its presidential candidate, Peter Obi, who challenged the election of President Bola Tinubu. Obi and LP had argued that Tinubu should be disqualified from being president because he did not win 25% of the votes cast in the FCT.

Also, the Presidential Election Petitions Tribunal sitting in Abuja struck out the suit filed by the Allied Peoples Movement (APM) accusing Vice-President Kashim Shettima of the All Progressives Congress (APC) of double nomination in the 2023 general elections.

The Chairman of the panel, Justice Haruna Tsammani, who read the lead judgement, held that an invalid nomination or double nomination did not qualify as a ground for disqualification in respect of the presidential election as provided in sections 131 and 137 of the constitution.

He also held that Mr Ibrahim Masari, who was nominated as a placeholder by the APC (for the position of the Vice President), was not a necessary party to the petition because he was neither a candidate nor did he win the election.

The Presidential Election Petitions Court said that the Independent National Electoral Commission (INEC) cannot be forced to e-transmit election results. The five-man panel of the Presidential Election petition Court PEPC led by Justice Haruna Tsammani held that INEC was at liberty to decide the mode of transmission of election results during the presidential election on February 25, 2023.

According to the tribunal, sections 52 and 65 of the Electoral Act 2022, gives INEC the liberty to prescribe the manner in which election results were transmitted during the poll.

The Tribunal consequently dismissed the petition of the Labour Party (LP) and its presidential candidate, Peter Obi, which argued that the victory of President Bola Tinubu of the All Progressives Congress (APC) be annulled on the basis of the “failure” of the commission’s Results Viewing Portal (IReV) to upload election results electronically in real time.

The Presidential Election Petitions Court says the Labour Party (LP) and its presidential candidate, Peter Obi, failed to prove that President Bola Tinubu of the All Progressives Congress (APC) was convicted for money laundering in the United States.

The five-man panel led by Justice Haruna Tsammani ruled that no record of criminal arrest and conviction were established against Tinubu by the petitioners, Obi and the LP.

The Presidential Election Petitions Court held that the Labour Pary (LP) and its presidential candidate, Peter Obi, failed to specify how they scored the majority of lawful votes in the February 25 presidential election.

The tribunal held that Labour party made generic allegations of irregularities, suppression of votes and corrupt practices to rob them of their votes, especially in Rivers, Benue, Lagos, Taraba, Imo and Osun states but failed to specify the polling units affected or prove concrete evidence to back their claims.

The court said that although Peter Obi and LP claimed to have scored the majority of lawful votes cast, they failed to state the number of lawful votes they scored.

“The determination of election is about figures,” the court held.

The Tribunal further held that LP also failed to prove the allegations of overvoting against the All Progressives Congress (APC) and their actual reduced votes.

INEC complies substantially with the provisions of the Electoral Act, 2022 in its conduct of the 2023  presidential election, Justice Tsammani said.

Meanwhile, there was a mid drama during the judgement delivery. After eight hours of judgment delivery by the five-man panel led by Justice Haruna Tsammani, APC lawyer, Uwensuyi-Edosomwan at 5pm asked the court to be brief and either “dismiss or allow” the petitions of the Labour Party and its presidential candidate, Peter Obi; against the victory of President Bola Tinubu of the APC. The Tribunal had resumed at 9am and the justices have been delivering verdicts in what can be described as a marathon judgment.

Apparently fatigued after eight hours of judgment delivery by the five-man panel led by Justice Haruna Tsammani, Uwensuyi-Edosomwan at 5pm asked the court to be brief and either “dismiss or allow” the petitions of the Labour Party and its presidential candidate, Peter Obi; against the victory of President Bola T

“I have listened to your Lordship’s eloquent judgement,” Uwensuyi-Edosomwan interjected.

“You don’t have to interrupt judgment, we are delivering judgment and we are still on,” one of the justices shut down the senior lawyer. “You don’t have to suggest to us how to deliver judgment.”