APC states why tribunal should dismiss Peter Obi’s petition
The All Progressives Congress (APC) has urged the Presidential Elections Petitions Tribunal to dismiss Labour Party’s candidate, Peter Obi’s petition.
Obi, on his part, is asking the tribunal to declare him the winner, stating that the now president-elect, Bola Tinubu, was ineligible to contest the race.
The APC countered Obi’s petition, stating that the LP candidate’s nomination by his party was invalid.
It stated that “until May 24, 2022”, Obi was a Peoples Democratic Party, and that the party had screened him in April 2022 as one of its presidential aspirants. The APC added Obi joined the LP on May 27, 2022 and participated in the party’s presidential primary on May 30, 2022. The ruling party said Obi’s action at the time breached Section 77(3) of the Electoral Act, which stipulated the procedure for contesting primary election. It buttressed its argument about the validity of the Obi’s nomination by the LP, citing Section 77 (1) (2) and (3) of the Electoral Act 2022. The said provisions impose on a political party the duty to maintain a register and make the same available to INEC not later than 30 days before the date it fixes for holding its party primaries, congresses and convention.”
The APC said the LP did not follow the guideline regarding Obi’s nomination.
On Obi’s request that he be declared the winner of the race, the APC said the tribunal would need to first set aside the vote score for the first runner-up Abubakar Atiku.
“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.”
The party said the petition and the identified paragraphs were in breach of the mandatory provisions of Paragraph 4(1)(D) of the 1st Schedule to the Electoral Act, 2022.
According to APC, paragraphs 60 — 77 of the petition are non-specific, vague and/or nebulous and thereby incompetent contrary to paragraph 4(1)(d) of the Ist Schedule to the Electoral Act, 2022.
It said the allegations of non-compliance must be made distinctly and proved on a polling unit basis, but none was specified or provided in any of the paragraphs of the petition.
“Paragraphs 59-60 of the petition disclose no identity or particulars of scores and polling units supplied in 18,088 units mentioned therein,” it added.
The party, therefore, argued that the tribunal lacked the requisite jurisdiction to entertain pre-election complaints as presented in Obi’s petition.
NAN
