Tribunal moves hearing on Obi’s petition against Tinubu to May 17

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…As APP Withdraws petition 

…To hear Atiku’s petion, motion for live coverage Thursday

By Kamsi Anayo 

The Presidential Election Petitions Tribunal sitting at the Court of Appeal, Abuja has moved hearing of the petition filed by the Labour Party and its presidential candidate Peter Obi challenging the 2023 presidential election to May17.

Justice Haruna Tsamani,  the presiding judge pronounced the adjournment following a request by parties during Wednesday’s pre-hearing of Obi and LP’s petition.

During the session, Levi Uzoukwu,  head of Obi’s counsel moved the motion for adjournment,  saying it would enable parties to file all process and decide on matters to be determined in order to ensure a seamless process. He noted that all parties met and  agreed to the decision. 

“Due to the number of outstanding process yet to be filed, we have agreed that it would be better if this matter is adjourned to May 17 to enable parties file all processes. So that when we are coming back, we would ensure that the process arrive for hearing. 

“Before then,  we will meet and take a decision on documents that are not in contention and documents that are  controversial. We would have agreed on the documents to be tendered without being objected to”, Uzoukwu said. 

“Counsel to the respondents and petitioners agreed that rather than continuously adjourning the matter, it is best to file all the motions and applications served parties and come back on May 17, and have it adopted or argued to save time”, he further explained during an interactive session with journalists.

He also informed that the party has filed a motion for live broadcast of the court’s proceedings.

Justice Tsammani, moved the date of the hearing , and asked all parties to draw up issues to be determined to the next date of the adjournment.

“We recommend that issues to be determined  be filed following what was agreed on today. On that note the petition is further adjourned to the May 17”, he said. 

He noted that most of the lawyers have matters in other places but elections matters have been prioritised and hoped that the hearing will be treated expediently.

The respondents in Obi and LP’s petition with the number CA/PEPC/03/2023 are the Independent National Electoral Commission (INEC), Bola Tinubu,  All Progressives Congress (APC), and Kashim Shettima.

Obi was present at the hearing, while Obiorah Ifoh,  LP’s National publicity Secretary represented the LP.

APP Withdraws motion against Tinubu,  INEC

Earlier, during the morning pre-hearing session, the tribunal dismissed the petition by the Action People’s Party (APP) which is also challenging the presidential elections.

The presiding judge dismissed the petition numbered CA/PEPC/02/2023 following the motion by the party seeking withdrawal. 

Obed Agu, counsel to APP told the tribunal that the party filed a motion to dismiss the petition on 9th of May. He informed the court of its intention to withdraw the petition “brought under paragraph 29 of schedule of election petition. 

Agu, had during Monday’s pre-hearing td the respondents  should concede to the claims of the petitioner considering the”heavy weight of claims against them”, but filed for a motion for withdrawal.

Counsels for the respondents did not object to the petition, and did not ask for any cost.  They  commended the APP for the move. urging others to follow suit . The respondents are the Bola Tinubu,  APC, and INEC.

Wole Olanipekun, counsel to Tinubu said,  “We are not opposing the application. We want to commend them, and hope that more will still come .”l

Also responding, Lateef Fagbemi, counsel to APC  said, “Ye shall know the truth and the truth shall set you free. We are not opposing”.

Following the withdrawal of the petition and no objection, Tsammani said “Having carefully considered the application, we are satisfied that there is no collision on the part of the respondents, the petition is hereby dismissed.”

Tribunal to hear Atiku,  APM’s petition Thursday

The Tribunal will hear the petition of the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, challenging the presidential election on Thursday.

Tsammani, the presiding judge, on Tuesday adjourned Atiku’s hearing to enable the parties identify the major issues for the panel to consider in a timely manner, and avoid duplications.

The tribunal will also consider the new motion filed by President-elect Bola Tinubu’s counsel, Wole Olanipekun, which is seeking dismissal of the petitions by APM and Atiku for lack of merit. 

It will also consider Atiku’s motion seeking for live coverage of the proceedings of the tribunal.

During Wednesday’s hearing,  there were protesters at the Court.

A pro-democracy group under the umbrella of ‘The Natives’ in reaction to the ongoing presidential election tribunal is protesting against activities of opposing parties who are contesting results of the 2023 presidential election which declared Bola Tinubu, winner. 

The group was seen carrying banners and placards In a solidarity walk on Wednesday in Abuja as they headed to the Appeal Court where the sessions are being held with inscriptions about believing in the rule of law, speaking against intimidating the judiciary, among other things. 

The protesters had noted that  its 20 million members across the country will resist any form of intimidation and threat against democracy in Nigeria and supporters of the legitimate President-elect, Bola Ahmed Tinubu. 

The group was being led by Smart Edwards,its supreme leader who had earlier warned politicians to stop inciting Nigerians against the democratic process. 

“Our message is very clear. This is one indivisible country and it benefits nobody that the country goes into flames. We have said that elections have been won and lost. On this presidential election, Bola Ahmed Tinubu won clearly,” he said.

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