National Telescope national telescope newspaper
Atiku Abubakar of the Peoples Democratic Party (PDP), Peter Obi of the Labour Party (LP), and the Allied Peoples Movement (APM) are challenging President Bola Tinubu’s declaration as the winner of the 2023 presidential election.
The Court also declared APC’s petition challenging Obi’s membership of the LP as incompetent. Justice Abba says membership in a political party is an internal affair.
The Tribunal also touched on the issue of non-joinder of Atiku Abubakar who came second and wondered how Obi & LP’s petition could be effectively determined without joining the candidate who placed second in the polls.
While highlighting a claim by the respondents that Obi’s petition only alleged that there were widespread irregularities without giving the particulars and the polling units.
Justice Abba Mohammed holds that In a presidential election held in 176,866 polling units in 774 Local Government Areas, it would be improper not to specify where there were irregularities.
According to him, the petitioners only made generic allegations.
“Pleading must set out material facts and particulars. In the instant petition, there was no effort to prove specific allegations, particulars of complaints,” said the Tribunal.
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.
The court said the petitioners did not prove the particular polling unit 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,” it said.
“LP alleged that INEC reduced their scores and added it to APC votes but failed to supply particulars of what they actually scored before the said reductions, neither did they supply the polling units where it happened”
The Allied Peoples Movement (APM) is arguing that Vice President Kashim Shettima was not qualified as Tinubu’s running mate as his nomination breached Section 35 of the Electoral Act 2022 and other constitutional provisions.
But for the Preliminary Objection, the court held that the petitioner (APM), ought to have filed the case (of double nomination) before the Federal High Court within 14 days from the day the cause of action arose.
The court agreed with the respondent, that the issue is statute barred.
Justice Tsammani, who is reading the lead judgement, further added that section 285(14c), does not allow members of a political party to challenge the nomination of candidates of another political party.
He concluded that the petitioner lacks the locus standi to institute the petition. He therefore struck out the suit for lack of merit.
APC governors here include those of Kogi, Nassarawa, Imo, Ekiti, Yobe Governor Bala Mohammed of Bauchi state is also present among other PDP chieftains.
Others include the Chief of staff to the President, National Security Adviser, Nuhu Ribudu, and Minister of Aviation, Festus Keyamo.
The Labour Party Chairman, Julius Abure, and Aisha Yesufu are also present.
(Channels)
