The Nation Newspaper Atiku, Obi versus Tinubu: Legal fireworks on Monday
It will also hear the appeal by the Allied Peoples Movement , as well as a motion by Atiku for leave to tender new evidence.A seven-member panel of justices of the apex court will sit on the matter.
A few days to the February 25 Presidential election, the APM collapsed collapsed its structure into the PDP’s and adopted Atiku.The tribunal dismissed the petitions challenging Tinubu’s victory for being unmeritorious and because the petitioners failed to prove their cases.Obi and his party filed a 51-ground appeal seeking similar reliefs.
In ground two, the appellants argued that the PEPC erred when, despite the clear provisions of enabling statutes, including the Constitution, the Electoral Act 2022, the Regulations and Guidelines for the Conduct of Elections and the Manual for Election Officials, it still proceeded to hold that the Bimodal Voter Accreditation System was not meant to be used to electronically transmit or transfer the results of the polling unit direct to the collation system.
According to Obi and the LP, “the learned Justices of the court below erred in law and came to a perverse decision when they held that PW3, PW4, PW, PW6, PW7, PW8, PW9, PW10, PW11 and P’W13 were not witnesses of the court, but those of the appellants, who had paid fees for the issuance of the subpoena”.
The party is also contending that it was wrong for the PEPC to dismiss its case against Tinubu’s election on the premise that it was not only incompetent but contained pre-election issues. “The withdrawal of , the fifth respondent and the expiry of the 14 days permissible for changing a withdrawn or dead candidate under Section 33 of the Electoral Act 2022 made the third respondent’s election and return invalid.”
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