Tribunal Adjourns Atiku’s Petition to Thursday

The Presidential Election Petition Court has adjourned the continuation of the pre-hearing of the petition by the Peoples Democratic Party, (PDP) and its presidential candidate, Atiku Abubakar, against the president-elect, Bola Tinubu of the All Progressive Congress to Thursday, May 11, 2023.

The petition marked CA/PEPC/05/2023, revealed that PDP and Atiku are challenging the declaration of Tinubu as the President-elect by the Independent National Electoral Commission, (INEC).

The Independent National Electoral Commission, Bola Tinubu, and the APC, are listed as 1st to 3rd respondents in the petition respectively.

Chris Uche (SAN), counsel for the petitioners pointed out during Tuesday’s proceedings that they have filed and served a motion dated 7th May requesting a live broadcast of the presidential tribunal proceeding.

Uche also stated that the application was a motion of priority which requires immediate attention given the national importance of the issue at hand.

“We urge your Lordship to set it down for hearing and adoption as soon as the court’s business may allow,” the motion states.

A.B Mahmoud, responding counsel for INEC acknowledged the application which he described as “innocuous” and requested time to respond “being served yesterday.”

Lateef Fagbemi counsel for the 2nd respondent said they received the application and are taking steps to respond to the application appropriately. 

Uche SAN, responding further argued that he was just hearing that the 2nd and 3rd respondents have filed on the matter adding that in the spirit of cooperation, they are prepared to accept service in the open court.

Fagbemi however, reacting to his claim, objected to it. He says “The motion was filed by 9:30am and not in the open court. If he said counsels should cooperate, we will follow the time and we will not flout the rules.”

Consequently, Justice Tsammani asked parties to settle all issues for objections and determination, responding that the application for a live broadcast of the proceeding “will be considered together with the other issues.”

He thereafter adjourned the pre-hearing of the petition against Tinubu to Thursday.

In the 66-page petition, Atiku and his party argued that as of March 1 when Tinubu was declared the winner of the election, the entire results and accreditation data from polling units had not been transmitted and uploaded by INEC.