Barely two weeks after the Presidential Election Petition Tribunal affirmed the victory of President Bola Tinubu in the February 25 polls, the presidential candidates of the Peoples Democratic Party and Labour Party, Atiku Abubakar and Peter Obi, have filed 86 grounds of appeal at the Supreme Court to nullify the judgment.
The two candidates in separate appeals filed on Tuesday, asked the apex court to set aside the PEPT ruling and nullify Tinubu’s election, describing the verdict as erroneous.
Atiku’s appeal was hinged on 35 grounds in which he faulted the tribunal’s ruling on electronic transmission of results, Federal Capital Territory votes, and other key planks.
According to The Punch, Obi, on the other hand, faulted the September 6 judgment on 51 grounds.
The PEPT led by Justice Haruna Tsammani had in a unanimous decision held that Atiku and Obi as well as other petitioners failed to substantiate their allegations against the poll conducted by the Independent National Electoral Commission.
The justices stated that the documentary and oral evidence presented before them could not prove the claims of irregularities, corrupt practices, non-compliance with the electoral guidelines, and other allegations for which the petitioners had asked the court to void Tinubu’s election.
Atiku, who came second in the poll, had prayed the court to void Tinubu’s election and declare him as the authentic winner of the poll and Obi on the other hand, also said he was the rightful winner of the polls despite coming third in the exercise.
He also argued that the tribunal was wrong to shift the burden of proof to him, referencing page 644 of the judgment.
Atiku and the PDP equally submitted that the lower court erred in law when it failed to nullify the presidential election on the grounds of non-compliance with the Electoral Act 2022 ‘’when by evidence before the court, the 1st respondent conducted the election based on very grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation.”
Atiku in ground 14 also held that the lower court erred in law when it held that Order 3, Rules 2 and 3 of the Federal High Court (Civil Procedure) Rules, 2019 permitting parties to file witness statements of subpoenaed witnesses after commencement of action did not apply to election petitions.
Regarding the court’s ruling that Tinubu was qualified to contest the presidential election, Atiku held that the grounds of qualification and disqualification to contest an election were circumscribed by the provisions of the Constitution and such grounds are exhaustive.
The appellants also maintained that the lower court was wrong to have dismissed the testimonies of their collation agents as hearsays, citing page 657 of the judgment.
On the decision of the court that the appellants dumped certain exhibits on the court without any witness linking them up with the specific complaint of non-compliance, Atiku and PDP averred that the lower court erred in law because ‘’it failed to give effect to section 137 of the Electoral Act 2022 which obviated the requirement of calling of oral evidence where the non-compliance is manifest on the face of the certified true copy of the electoral document.’’
The parties added that all the electoral documents in question held to have been dumped on the court were duly certified true copies of electoral documents obtained by the appellants from INEC itself.
The appellants dismissed claims by the justices that ‘’a document made in anticipation of litigation or during its pendency by persons interested is rendered inadmissible in evidence by virtue of section 83 (3) of the Evidence Act, 2011.’’
The appellants insisted that the PW21 and PW26 who prepared the said documents and through whom they were tendered are experts.
‘’These exhibits were products of court-ordered inspection of electoral documents in the possession of the 1st respondent. The said provision of section 83(3) of the Evidence Act, 2011 does not apply to the evidence of experts, ‘’ Atiku’s lawyer further argued.
The appeal faulted the justices for not evaluating the appellant’s exhibits and for not admitting Senator Dino Melay’s evidence, which was described as mere hearsay.
Atiku and the PDP were also unhappy with the justices for stating that the evidence of PWs 19, 20, and 22 did not advance the case of the petitioners, noting that the tribunal used disparaging words against the applicants in its judgment.
Obi also argued that sections 41 (1), 47 (2), 50 (2), 62 (1) & (2), 64 (4) (a) & (b), (5), (6) (c) & (d),(7) & 152 of the Electoral Act 2022, when interpreted together, provide for IReV and the electronic transmission of polling unit results to IReV.
On the alleged criminal conviction of the erstwhile All Progressives Congress flag bearer by a United States court for drug dealing, the appellants further canvassed that ‘’the justices erred in law and contradicted themselves.’’
The appellants argued that section 301 of the constitution made the president the governor of Abuja.
They noted that the court failed to appreciate that for the president to assume office or the position of the governor of Abuja, he is also under a mandate to secure 25 percent of votes cast in the FCT.
Addressing the dismissal of the European Union report, the petitioners declared that section 104(1) of the Evidence Act, 2011 relied upon by the lower court did not prohibit the making of many originals of public documents and depositing of some of the said original copies with more than one public office or officer, as in this case.
Reacting to the appeals, the Director of Publicity for the APC, Bala Ibrahim, said there was no cause for alarm.
He said, “It is a legal matter. But I think they have a right to do so. It can’t give the party a sleepless night. The ruling party has its own lawyers who are up to the task. It is not an issue though.”
Barely two weeks after the Presidential Election Petition Tribunal affirmed the victory of President Bola Tinubu in the February 25 polls, the presidential candidates of the Peoples Democratic Party and Labour Party, Atiku Abubakar and Peter Obi, have filed 86 grounds of appeal at the Supreme Court to nullify the judgment.
The two candidates in separate appeals filed on Tuesday, asked the apex court to set aside the PEPT ruling and nullify Tinubu’s election, describing the verdict as erroneous.
Atiku’s appeal was hinged on 35 grounds in which he faulted the tribunal’s ruling on electronic transmission of results, Federal Capital Territory votes, and other key planks.
Obi, on the other hand, faulted the September 6 judgment on 51 grounds.
The PEPT led by Justice Haruna Tsammani had in a unanimous decision held that Atiku and Obi as well as other petitioners failed to substantiate their allegations against the poll conducted by the Independent National Electoral Commission.
The justices stated that the documentary and oral evidence presented before them could not prove the claims of irregularities, corrupt practices, non-compliance with the electoral guidelines, and other allegations for which the petitioners had asked the court to void Tinubu’s election.
Atiku, who came second in the poll, had prayed the court to void Tinubu’s election and declare him as the authentic winner of the poll and Obi on the other hand, also said he was the rightful winner of the polls despite coming third in the exercise.
He also argued that the tribunal was wrong to shift the burden of proof to him, referencing page 644 of the judgment.
Atiku and the PDP equally submitted that the lower court erred in law when it failed to nullify the presidential election on the grounds of non-compliance with the Electoral Act 2022 ‘’when by evidence before the court, the 1st respondent conducted the election based on very grave and gross misrepresentation contrary to the principles of the Electoral Act 2022, based on the “doctrine of legitimate expectation.”
Atiku in ground 14 also held that the lower court erred in law when it held that Order 3, Rules 2 and 3 of the Federal High Court (Civil Procedure) Rules, 2019 permitting parties to file witness statements of subpoenaed witnesses after commencement of action did not apply to election petitions.
Regarding the court’s ruling that Tinubu was qualified to contest the presidential election, Atiku held that the grounds of qualification and disqualification to contest an election were circumscribed by the provisions of the Constitution and such grounds are exhaustive.
The appellants also maintained that the lower court was wrong to have dismissed the testimonies of their collation agents as hearsays, citing page 657 of the judgment.
On the decision of the court that the appellants dumped certain exhibits on the court without any witness linking them up with the specific complaint of non-compliance, Atiku and PDP averred that the lower court erred in law because ‘’it failed to give effect to section 137 of the Electoral Act 2022 which obviated the requirement of calling of oral evidence where the non-compliance is manifest on the face of the certified true copy of the electoral document.’’
The parties added that all the electoral documents in question held to have been dumped on the court were duly certified true copies of electoral documents obtained by the appellants from INEC itself.
The appellants dismissed claims by the justices that ‘’a document made in anticipation of litigation or during its pendency by persons interested is rendered inadmissible in evidence by virtue of section 83 (3) of the Evidence Act, 2011.’’
The appellants insisted that the PW21 and PW26 who prepared the said documents and through whom they were tendered are experts.
‘’These exhibits were products of court-ordered inspection of electoral documents in the possession of the 1st respondent. The said provision of section 83(3) of the Evidence Act, 2011 does not apply to the evidence of experts, ‘’ Atiku’s lawyer further argued.
The appeal faulted the justices for not evaluating the appellant’s exhibits and for not admitting Senator Dino Melay’s evidence, which was described as mere hearsay.
Atiku and the PDP were also unhappy with the justices for stating that the evidence of PWs 19, 20, and 22 did not advance the case of the petitioners, noting that the tribunal used disparaging words against the applicants in its judgment.
Obi also argued that sections 41 (1), 47 (2), 50 (2), 62 (1) & (2), 64 (4) (a) & (b), (5), (6) (c) & (d),(7) & 152 of the Electoral Act 2022, when interpreted together, provide for IReV and the electronic transmission of polling unit results to IReV.
On the alleged criminal conviction of the erstwhile All Progressives Congress flag bearer by a United States court for drug dealing, the appellants further canvassed that ‘’the justices erred in law and contradicted themselves.’’
The appellants argued that section 301 of the constitution made the president the governor of Abuja.
They noted that the court failed to appreciate that for the president to assume office or the position of the governor of Abuja, he is also under a mandate to secure 25 percent of votes cast in the FCT.
Addressing the dismissal of the European Union report, the petitioners declared that section 104(1) of the Evidence Act, 2011 relied upon by the lower court did not prohibit the making of many originals of public documents and depositing of some of the said original copies with more than one public office or officer, as in this case.
Reacting to the appeals, the Director of Publicity for the APC, Bala Ibrahim, said there was no cause for alarm.
He said, “It is a legal matter. But I think they have a right to do so. It can’t give the party a sleepless night. The ruling party has its own lawyers who are up to the task. It is not an issue though.”
source: The Punch
