•Reserves decision on suit seeking Tinubu’s, Shettima’s sack
The Presidential Election Petition Court (PEPC) yesterday announced that it has scheduled for the same day delivery of its judgments on the Peoples Democratic Party (PDP)/Atiku Abubakar, Peter Obi/Labour Party (LP), and Allied Peoples Movement (APM) petitions against the election of President Bola Tinubu.
The Presiding Justice of the PEPC, Justice Haruna Tsammani, informed counsel to the parties in the APM petition of this development after the lawyers adopted their final written addresses.
Justice Tsammani said the court had reserved judgment in the petition until a date to be communicated to the parties.
The PEPC, according to him, planned to deliver judgments on the same day on the three petitions now pending before court, in line with the provisions of its practice guidelines.
Adopting their final written addresses earlier, respondents’ lawyers – Chief Wole Olanipekun (SAN) for President Tinubu and Vice President Kashim Shettma; Lateef Fagbemi (SAN) for the All Progressives Congress (APC); Steven Adehi (SAN) for the Independent National Electoral Commission (INEC) and Roland Otaru (SAN) for Kabir Masari – urged the court to dismiss the petition for being unmeritorious.
But counsel to the petitioner, Andrew Malgwi (SAN) prayed the court to allow his client’s petition and grant the reliefs sought.
The APM had prayed the court to void Tinubu’s participation in the election, claiming among others, that he, at the time of the presidential election of February 25, 2023, was not qualified to contest the position of the president as a result of the alleged double nomination of his then running mate, Kashim Shettima.
The APM claimed that at the time of the election, the APC had no vice presidential candidate because Kabiru Masari (the placeholder) resigned, while Shettima allegedly had double nomination – as candidate for Borno Central Senatorial District and vice presidential candidate.
It also contended that by their alleged acts, the APC, Tinubu and Shettima breached Section 142 of the Constitution and Section 35 of the Electoral Act, 2022.
It asked the court to nullify Tinubu’s victory and declare PDP’s candidate, Atiku Abubakar, who came second, as winner of the election.
In its final written address, the APC argued that the sole issue of non-qualification raised by the APM, which it hinged on its claim of double nomination, was effectively dealt with in the May 26, 2023 judgment of the Supreme Court in the suit filed by the PDP against INEC and two others.
The party argued that the petition amounted to an abuse of court process as the sole issue raised in it has been caught by the doctrine of issue estoppel.
The Nation
