PEPC: Tinubu, APC oppose move to consolidate Atiku, Obi’s petitions
The All Progressives Congress (APC) and the President-elect, Bola Tinubu, have opposed plans by the Presidential Election Petition Court to consolidate the three petitions challenging the result of the February 25 presidential election.
The petitions are those filed the Peoples Democratic Party (PDP) and it’s presidential candidate Atiku Abubakar, the Labour Party (LP) and it’s candidate Peter Obi, and the Allied Peoples Movement (APM).
Citing paragraph 50 of the 1st Schedule of the Electoral Act, the tribunal led by Justice Haruna Tsammani, had announced on Saturday, May 20, that all the petitions against Tinubu’s election will be merged for easy adjudication.
The tribunal subsequently directed all the counsels to consult with their clients and report the outcome on Monday, May 22.
During the resumed sitting on Monday, counsel for the APC, Charles Edosomwam, a Senior Advocate of Nigeria (SAN), argued that consolidating the petitions would go against the interest of justice.
Edosomwan noted that the grounds and issues raised by the parties were different, adding that consolidating them would result in major issues being lost.
He also noted that it would be practically impossible for the respondent to effectively defend the case, adding that justice should not be sacrificed for convenience.
“Major issues before this court will be lost like a pin in a haystack. if the consolidation is considered,” he said.
“Moreover, it will be pragmatically impossible for the respondent to effectively defend the case. It is our position that the issue of justice cannot be sacrificed at the altar of convenience.”
Similarly, Tinubu’s legal team, led by Akin Olujinmi, SAN, argued that consolidating all the petitions would hinder their ability to defend the issues raised against the President-elect.
Olujinmi further argued that the provision of the Electoral Act referred to by the court was not absolute, and the exercise of power should be subject to limitations.
He pointed out that there were varying issues and evidential matters in each petition, making it difficult to consent to consolidation.
“The issue of justice should be a restraint on the power of this court to exercise its discretion in granting the order for consolidation,” he said.
“My lords, when the exercise of power is subject to the limitation of some conditions, then it cannot be said that the exercise is mandatory.”
“There are issues raised in one petition that are not there in others. The issues vary. The same goes for evidential issues that are based on pleadings that have been exchanged by parties in this case.”
“We want to make it clear at this stage that it will be absolutely difficult for us to consent to consolidation of the petitions.”
However, the Independent National Electoral Commission, INEC, said though it was not opposed to the proposed consolidation of the petition, it would leave the issue to the court’s discretion.
Initially, five petitions were filed challenging Tinubu’s victory, Lawyard reported that two of the petitioners, the Action Alliance (AA) and the Action Peoples Party (APP), withdrew their cases during the ongoing pre-hearing sitting of the tribunal.
Meanwhile, the court said it would on Tuesday, present its pre-hearing report on the petitions.
