*Warns parties, lawyers against technicalities, delays
*Tribunal begins sitting in Abuja, 21 days to May 29 inauguration date
In what can be regarded as the clash of legal luminaries and the parade of’ Who is who’ in legal profession, the Presidential Election Petition Court (PEPC) sitting at the Court of Appeal in Abuja, on Monday, commenced hearing in the petitions seeking to nullify the declaration of the presidential candidate of the All Progressives Congress (APC), Bola Tinubu, as the winner of the 2023 presidential election and the President-elect.
It is instructive to note that the tribunal began its sitting on Monday, 21 days to May 29, the swearing-in date of President -elect Tinubu.
At its inaugural session, a legal procedure that precedes the actual hearing of petitions, the identities of a five-member panel of Justices of the Court of Appeal (JCAs) were revealed.
There was heavy security beef up in and around the court premises to forestall any ugly development in the area.
The Presiding Justice (PJ) of the Court of Appeal in Abuja, Justice Haruna Tsammani, is leading the five -man panel of the JCAs while other members of the panel are Justice Stephen Adah (PJ Asaba Division), Justice Monsurat Bolaji-Yusuf (Asaba Division), Justice Boluokuromo Ugo (Kano Division) and Justice Abba Mohammed (Ibadan Division).
In his opening remarks, the Presiding PCA, Justice Tsammani, urged lawyers representing all the petitioners to avoid sensational comments, insisting that the court would not tolerate time-wasting tactics and technicalities.
He said: “As we commence hearing of the petitions, let us avoid making sensational comments. Let us consider the safety and interest of the country, that is paramount.
“We should avoid unnecessary time-wasting applications and objections, so that we can look at the substance of the case rather than unnecessary technicalities.
“Let us co-operate with each other, so, that every one will be satisfied that justice has been done.
Responding, the lead lawyer to the President-elect, Chief Wole Olanipekun (SAN), assured the court of maximum co-operation by his team, saying there is need for the matter to be determined without recourse to unnecessary technicalities.
One of the lead lawyers to the presidential candidate of Peoples Democratic Party (PDP), Atiku Abubakar, Chief Chris Uche (SAN), said he would do everything possible to assist the court to do justice.
The lead lawyer to the Labour Party (LP) and its presidential candidate, Mr. Peter Obi, Dr. Livy Uzoukwu (SAN) , noted that the petitions were of great public interest, adding, “At the end of the day, I am very confident that the petitions will impact on Nigeria’s jurisprudence and constitutionalism.“
Lawyer to INEC, Mr. Abubakar Mahmoud (SAN), expressed confidence in the electoral body’s ability to do justice on all the petitions before it.
He said, “My Lords, we are confident that at the end of the day, justice will be done.”
Meanwhile, the court said it would only conduct pre-hearing session on three of the petitions, while the remaining two petitions would be heard on Tuesday (today).
The court further said that it would hear three petitions- the petition by Action Alliance (AA) filed against INEC, that of the All Peoples Party (APP) as well as the petition by Obi and the LP, while the remaining petitions are the ones filed by the Allied Peoples Movement (APM) and Atiku of the PDP.
INEC had on March 1, announced Tinubu of the APC as winner of the presidential poll, ahead of 17 other candidates that contested the election.
The electoral body declared that Tinubu scored a total of 8,794,726 votes to defeat Atiku Abubakar of the PDP, who polled a total of 6,984,520 votes and Peter Obi of the Labour Party, who came third with a total of 6,101,533 votes.
But Atiku and Obi are challenging the outcome of the presidential election.
In a related development, AA, through its team of lawyers led by Mr. Oba Maduabuchi, SAN, applied to discontinue further proceedings in the matter, shortly after the court kick-started its pre-hearing session.
Oba, SAN, told the court that the petitioners filed a withdrawal notice on May 3.
Following a no-objection stance by all the respondents in the matter, the Justice Tsammani led five-member panel dismissed the petition.
When the AA petition was called, Plateau State Governor Simon Lalong stood up and announced himself as Tinubu’s representative.
He said, “My Lords, my name is Simon Lalong and I am here to represent Tinubu.”
But the Justice Tsammani-led five-member panel declined to recognise him as Tinubu’s representative.
The Presiding JCA said, “You cannot represent an individual. Tinubu is not a corporation that would need a representative.”
Governor Lalong then said, “My Lords, in that case, I will represent the APC.”
Meanwhile, The court has adjourned pre-hearing session on the petition the Labour Party and its candidate, Peter Obi till Wednesday.
The court also fixed the same date for another petition by the Action Peoples Party (APP) while it adjourned the case of the PDP, and its candidate, Atiku Abubakar, till Tuesday (today).
Adjourning the cases, the court urged the parties to identify all the witness statements and documents they would rely on or object to during the actual hearing of the petitions.
Among those in court to witness the proceedings included the presidential candidate of the LP, Mr. Peter Obi.
It is important t o note that the court has 180 days to hear and conclude all the petitions before it.
According Section 285(5) to (7) of the 1999 Constitution (as amended), it provides that: “An election petition shall be filed within 21 days after the date of the declaration of result of the elections.
“An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition.
“An appeal from a decision of an election tribunal or Court of Appeal in an election matter shall be heard and disposed of within 60 days from the date of the delivery of the judgment of the tribunal or Court of Appeal.”
