Presidential poll: Obi/LP petition against Tinubu unmeritorous- Tribunal

• Says 25% FCT votes not enough

• Obi didn’t prove he won election

By Vivian Okejeme Abuja

Presidential Election Petitions Tribunal, Wednesday, struck out the entirety of the Petition of Labour Party (LP) Presidential candidate, Mr Peter Obi’s petition against Bola Ahmed Tinubu for being “Unmeritorous”.

The court on the allegations of irregularities and corrupt practices leveled against Tinubu, held that the affected paragraphs were “vague, imprecise, nebulous and failed to meet the requirements of pleadings”.

The judgement posited that Mr Obi and his party failed to mention the number of lawful votes they scored and the number of the unlawful votes recorded by the electoral body.

The ruling read by Justice Abba Mohammed, insisted that the petitioners failed to establish the polling units or wards were irregularities, corrupt practices and manipulation of results were carried out.

Justice Mohammed explained that  “averments” must not leave room for confusion or ambiguity, adding that the aim of pleadings is to avail respondents of the facts of the case so as to prepare adequately.

Mohammed held that, “petitioners failed to specify polling units where anomalies occurred or where agents complained of alleged malpractices and irregularities.

“According to the ruling in a case of alleged malpractices in over 500 polling units, it does not suffice for the petitioners to say some polling units or collation centers without being specific.

“Averments must not be general but specific.”

Further in the ruling, the panel noted the total of over 18, 000 polling units where the petitioners alleged that INEC uploaded “blurred results “ unto the INEC Results Viewing (IReV) Portals, not one polling units was cited.

The court overruled the respondents claims stating that  Obi and LP certified the provisions of Obi being a member.

On method of transmission of results, the court held that the Independent National Electoral Commission’s (INEC) has the authority to determine the mode of transmitting election results.

It maintained that Sections 52 and 65 of the Electoral Act 2022 emphasized INEC’s discretion in prescribing the method of result transmission during the electoral process.

Judgement on the double nomination case against Shettima,  dismissed it for being devoid of merit, incompetent and an abuse of court processes.

It held that the case was a pre-election matter and ought to be filed at the Federal High Court, not before the tribunal, adding that already become statute barred, having not been filed within 14 days as prescribed by law.

Justice Haruna Tsammani held that issue of qualification and disqualification of a candidate is a constitutional matter, adding that the petitioner lacked the necessary locus standi to file the case in the first place, since it did not participate in the primary election of the APC.

It held that the petitioner failed to prove that Tinubu breached Section 35 of the Electoral Act, 2022, when he nominated Shettima as his Vice, adding that it was the president’s prerogative to choose his running mate.

Ruling on the alleged $460,000 fraud bordering on drug peddling, the court held that Obi and his party  presented no evidence of trial, conviction against Tinubu.

The former governor of Anambra State and his party, claimed Tinubu was made to forfeit the sum of $460,000 to the US over alleged complicity in drug related offences in the early 90s, insisting that his name ought not to be on the ballot.

However, the court in it’s judgment  held that the Petitioners failed to substantiate the above mentioned allegation, consequently, it held that the respondent was eminently qualified to contest the election.

Justice Tsunami held that Obi failed to prove that Tinubu was found guilty of any offence involving any act of dishonesty, adding that evidence before the court showed that the forfeiture order against Tinubu was in a civil, an allegation against a bank and not criminal matter.

On the FCT 25% votes claim Bola Tinubu’s inability to  garner 25% of the votes in Abuja, rendered his victory in the 2023 presidential election invalid, the court described the argument of the Petitioners as fallacious and ridiculous.

In it’s ruling, the tribunal held that the FCT is not more than any other states of the Federation.

According to the court, Section 134(2A and 2B) of the constitution held that Abuja is applied as if it were one of the states of the federation.

The court warned that the constitution must always be construed in a way that it must protect what it seeks to protect and guide what it seeks to guide.