Why Atiku, Obi, APM’s petitions against Tinubu failed — Tribunal

JUDGMENT HIGHLIGHTS

…Obi, LP failed to prove rigging, over-voting
…Portions of Obi’s petition vague, imprecise, nebulous, bereft of particular materials
…Obi validly nominated by LP
…Shettima validly nominated as APC vice presidential candidate
…No evidence Tinubu was convicted in the US for drug trafficking
…Tinubu not indicted, arraigned, tried or convicted in the US
…$460,000 forfeiture is a civil matter, not a criminal conviction
…INEC can’t be forced to transmit election results electronically
…On 25% votes, Abuja is not special as other states

LAGOS — The Presidential Election Petition Court, PEPC, in a landmark decision, yesterday, dismissed the petitions of the Labour Party, Peoples Democratic Party, PDP and the Allied Peoples Movement, APM, and their candidates against the election of President Bola Tinubu

The five-man panel, led by Justice Haruna Tsammani, dismissed the petition of Mr Peter Obi of LP seeking to nullify Tinubu’s election.

It also dismissed APM’s petition seeking to disqualify the president over the invalid nomination of his running mate, Senate Kashim Shettima

Obi’s petition dismissed

The PEPC, dismissed the allegation of the Labour Party, LP, and its candidate, Mr. Peter Obi, that the 2023 presidential election was rigged in favour of President Bola Tinubu.

The court, in its preliminary ruling that was delivered by Justice Abba Mohammed, held that Obi and the LP did not by way of credible evidence, establish their allegation that the February 25 election was characterized by manifest corrupt practices.

It held that though the petitioners alleged that the election was marred by irregularities, they, however, failed to give specific details of where the alleged infractions took place.

The court noted that whereas Obi and the LP insisted that the election was rigged in 18, 088 polling units across the federation, they were unable to state the locations of the said polling units.

It further held that Obi’s allegation that fictitious results were recorded for President Tinubu and the APC, by the Independent National Electoral Commission, INEC, was not proved.

More so, it held that the petitioners were unable to state the figures they claimed were reduced from election results they garnered in different states of the federation, especially in Ondo, Oyo, Rivers, Yobe, Borno, Tabara, Osun and Lagos state

It held that the Petitioners equally failed to state the polling units where over-voting occurred or the exact figures of unlawful votes that were credited to Tinubu by the INEC

It stressed that though Obi and LP said they would rely on spreadsheets as well as forensic reports and expert analysis of their expert witnesses, they failed to attach the documents to the petition or serve the same on the Respondents as required by the law.

The court held that though the petition contained serious allegations that bordered on violence, non-voting, suppression of votes, fictitious entry of election results and corrupt practices, the petitioners failed to give particulars of specific polling units where the incidents took place.

It held that several portions of the petition that contained the allegations, were “vague, imprecise, nebulous and bereft of particular materials.”

Therefore, the court struck out paragraphs 9, 60, 61, 66, 67, 68, 69, 70, 71, 72, 73, 76, 77, 78, 83 and 89 of the petition.

Obi validly nominated as LP candidate

Nevertheless, the court dismissed the contention of the Respondents that Obi was not validly nominated by the LP to contest the presidential election.

It noted that the Respondents had argued that Obi left the Peoples Democratic Party, PDP, on May 24, 2022 and joined the LP on May 27, 2022.

The Respondents argued that as at May 30, 2022, Obi was not a valid member of the LP and could not have duly participated in its presidential primary election.

They insisted that his name could not have been contained in the membership register of the LP, which ought to be submitted to INEC, 30 days before the primary election was held.

However, the court, in its ruling, held that the issue of membership is an internal affair of a political party, which is not justiciable

It held that only the LP has the prerogative of determining who is its member, adding that the Respondents were bereft of the legal standing to query Obi’s membership of the LP.

Likewise, the court held that contrary to contention by Tinubu and the APC, the Petitioners, were not under any obligation to join Alhaji Atiku Abubakar who came second in the election or his party, the PDP, in the case.

It held that both Atiku and PDP are not statutory Respondents or necessary parties to the petition.

No evidence Tinubu was convicted in the US over drug trafficking

The PEPC also dismissed the allegation that President Tinubu was convicted in the United States of America, USA, on a drug trafficking-related charge.

The court, in its lead judgment in the joint petition filed by the LP Obi held that evidence before it established that the $460, 000 fine that was imposed on Tinubu in the US, was a civil matter.