Connect with us

Peter Obi not qualified to contest presidential poll – APC tells tribunal

Victorious

Published

on

Follow
NAIJA NEWS: Peter Obi not qualified to contest presidential poll – APC tells tribunal [New Naija News] » Naijacrawl
Photo: Naijacrawl

On Monday, the All Progressives Congress (APC) prayed the Presidential Election Petition Court (PEPC) in Abuja to dismiss the petition filed by the Labor 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 APC, the 4th respondent, urged the PEPC to reject the petition in its notice of preliminary objection marked CA/PEPC/03/2023 and filed at the PEPC’s Secretariat on Monday night by Thomas Ojo, a member of the party’s legal team led by Lateef Fagbemi, SAN, in Abuja.

The party asked the tribunal to dismiss the petition with substantial costs on the grounds that it lacked merit and was frivolous.

The News Agency of Nigeria (NAN) reports that Obi, the first petitioner, and LP, the second petitioner, had sued the Independent National Electoral Commission (INEC), Tinubu, Sen. Kashim Shettima, and APC as the 1st through 4th respondents, respectively.

The petitioners are seeking the nullification of the election victory of Tinubu and Shettima in the Feb. 25 presidential poll.

While former Vice President Atiku Abubakar of the People's Democratic Party (PDP) came in second with 6,984,520 votes in the election, Obi came in third with 6,101,533 votes.

Abubakar and the PDP are also challenging the outcome of the poll.

However, 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.

Among other prayers, the petitioners urged the tribunal to “determine that, at the time of the presidential election held on February 25, 2023, the 2nd and 3rd respondents (Tinubu and Shettima) were not qualified to contest the election."

“That it be determined that all the votes recorded for the 2nd respondent in the election are wasted votes, owing to the non-qualification of the 2nd and 3rd respondents."

“That it is determined that on the basis of the remaining votes (after discounting the votes credited to the 2nd respondent), the 1st petitioner (Obi) scored a majority of the lawful votes cast at the election and had not less than 25 percent of the votes cast in each of at least two-thirds of the states of the federation and the FCT and satisfied the constitutional requirements to be declared the winner of the February 25 presidential election.

“That it be determined that the 2nd respondent (Tinubu), having failed to score one-quarter of the votes cast at the presidential election in the FCT, was not entitled to be declared and returned as the winner of the presidential election held on February 25.”

Responding, the APC prayed the court to dismiss the suit on the ground that Obi, the first petitioner, lacked requisite locus standi to institute the petition because he was not a member of the LP at least 30 days before the party’s presidential primary to be validly sponsored by the party.

It said: “The 1st petitioner (Obi) was a member of the PDP until May 24, 2022.

“The first petitioner was screened as a presidential aspirant of the PDP in Apni 2022.

“The first petitioner participated and was cleared to contest the presidential election while being a member of the PDP.

“The first petitioner purportedly resigned his membership in the PDP on May 24, 2022, to purportedly join the second petitioner (Labour Party) on May 27, 2022.

The 2nd petitioner conducted its presidential primary on May 30, 2022, which purportedly produced the 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 the 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 conventions.”

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 the 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 the 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 first 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 discounted by the tribunal,” it said.

The party, therefore, argued, among other arguments, that the tribunal lacked the requisite jurisdiction to entertain pre-election complaints embedded in the petition as presently constituted.

The APC urged the tribunal to dismiss the petition with substantial costs as it was devoid of any merit and founded on frivolity.

Click Here To Comment




Ojo Sunday Victor, A Professional Graphics Designer, and a skilled Content Writer in Entertainment, News and Sport Update.!An Undergraduate in Ladoke Akintola University of Technology (LAUTECH, Ogbomoso). Read More

Continue Reading
Click to comment

Be first to comment


Leave a Reply

Your email address will not be published. Required fields are marked *

Naija News

2023: Peter Obi Leads Others in New Poll

Piroll

Published

on

NAIJA NEWS: 2023: Peter Obi Leads Others in New Poll [New Naija News] » Naijacrawl
Photo: Naijacrawl
Barely two months before Nigerians will be deciding their next president, a poll conducted by NOI Polls Limited and commissioned by Anap Foundation showed that Obi leads Bola Tinubu of the All Progressives Congress (APC); Atiku Abubakar of the Peoples Democratic Party (PDP) and Rabiu Kwankwaso of the New Nigeria People’s Party (NNPP).Anap Foundation President, Atedo Peterside made this known during a live appearance on Channels Television’s Politics Today programme...
Continue Reading

Naija News

How Peter Obi, Kwankwaso, others will help Tinubu win 2023 poll – Adeyanju

Victorious

Published

on

NAIJA NEWS: How Peter Obi, Kwankwaso, others will help Tinubu win 2023 poll – Adeyanju [New Naija News] » Naijacrawl
Photo: Naijacrawl
The All Progressives Congress, APC, presidential candidate, Bola Tinubu, is believed to stand a better chance of winning in 2023 due to the failure of opposition political parties to unite and form a common front.There were indications that Peter Obi and Rabiu Kwankwaso, as the presidential candidates of Labour Party, LP, and New Nigeria Peoples Party, NNPP, would form an alliance.Frowning at this development, an Abuja-based socio-political commentator, Deji Adeyanj...
Continue Reading

Naija News

Peter Obi commends the Federal Government in the postponement of National Census.

Mee_dey0

Published

on

NAIJA NEWS: Peter Obi commends the Federal Government in the postponement of National Census. [New Naija News] » Naijacrawl
Photo: Naijacrawl
FGN's decision to postpone the 2023 Population and Housing Census, scheduled for 3-7 May 2023, to a date to be determined by the incoming Administration is a propitious and welcome development. National Census is a critical development and nation-building tool.Even though Nigeria is long overdue for a census, conducting one requires proper planning and diligence to ensure the sanctity of the results; the efficacy of the data gathered therefrom, as well as their util...
Continue Reading

Latest


Download Naijacrawl App today

Fastest way to read on the go

Download the Naijacrawl App.