The All Progressives Congress (APC), on Monday, prayed the Presidential Election Petition Court (PEPC) in Abuja to dismiss the petition filed by the Labour Party (LP) and its Presidential Candidate, Mr Peter Obi, against the emergence of Sen. Bola Tinubu as president-elect in the February 25 election.
The petition in its notice of preliminary objection marked: CA/PEPC/03/2023 was filed at PEPC’s Secretariat on Monday night by Thomas Ojo, a member of the APC’s legal team led by Lateef Fagbemi, SAN, in Abuja.
The APC asked the tribunal to dismiss the petition with substantial cost on the grounds that it lacked merit and was frivolous.
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It had earlier been reported that Obi, the 1st petitioner, and LP, the 2nd petitioner, had sued the Independent National Electoral Commission (INEC), Tinubu, Sen. Kashim Shettima and APC as 1st to 4th respondents, respectively.
In the petition marked: CA/PEPC/03/2023 filed by Obi and LP’s lead counsel, Livy Ozoukwu, they contended that Tinubu “was not duly elected by a majority of the lawful votes cast at the time of the election.”
The petitioners claimed there was rigging in 11 states, adding that they would demonstrate this in the declaration of results based on the uploaded results.
Obi and LP said INEC violated its own regulations when it announced the result despite the fact that at the time of the announcement, the totality of the polling unit results had yet to be fully scanned, uploaded and transmitted electronically as required by the Electoral Act.
Responding, the APC prayed the court to dismiss the suit on the ground that Obi, the 1st petitioner, lacked requisite locus standi to institute the petition because he was not a member of LP at least 30 days before the party’s presidential primary to be validly sponsored by the party.
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It said: “The 1st petitioner (Obi) was a member of PDP until May 24, 2022. 1st petitioner was screened as a presidential aspirant of the PDP in Apni 2022. 1st petitioner participated and was cleared to contest the presidential election while being a member of the PDP.
“1st petitioner purportedly resigned his membership of PDP on May 24, 2022, to purportedly join the 2nd petitioner (Labour Party) on May 27, 2022. 2nd petitioner conducted its presidential primary on May 30, 2022, which purportedly produced 1st petitioner as its candidate, which time contravened Section 77(3) of the Electoral Act for him to contest the primary election as a member of the 2nd petitioner.”
The party argued that Obi was not a member of LP at the time of his alleged sponsorship.
The APC argued that “by the mandatory provisions of Section 77 (1) (2) and (3) of the Electoral Act 2022, a political party shall maintain a register and shall make the such register available to INEC not later than 30 days before the date fixed for the party primaries, congresses and convention.”
It stated further that all the PDP’s presidential candidates were screened on April 29, 2022, an exercise in which Obi participated and was cleared to contest while being a member of the party.
It argued that the petition was incompetent since Obi’s name could not have been in LP’s register made available to INEC at the time he joined the party.
The APC equally argued that the petition was improperly constituted, having failed to join Atiku Abubakar and PDP, which were necessary parties to be affected by the reliefs sought.
“By Paragraph 17 of the petition, the petitioners, on their own, stated that Alhaji Atiku Abubakar came second in the presidential election with 6,984,520 votes as against the petitioners who came third with 6,101,533 votes;
“At Paragraph 102 (ii) of the petition, the petitioners urged the tribunal to determine that the 1st petitioner scored the majority of lawful votes without joining Alhaji Atiku Abubakar in the petition.
“For the tribunal to grant prayer (iii) of the petitioners, the tribunal must have set aside the scores and election of Alhaji Atiku Abubakar.
“Alhaji Atiku Abubakar must be heard before his votes can be discountenanced by the tribunal,” it said.
The party, therefore, argued that the tribunal lacked the requisite jurisdiction to entertain pre-election complaints embedded in the petition as presently constituted, among other arguments.
The APC urged the tribunal to dismiss the petition with substantial cost as the same was devoid of any merit and founded on frivolity.
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