2023 ELECTION: Tinubu, APC Oppose INEC Staff Testifying In Atiku’s Petition
The All Progressives Congress (APC) and President Bola Tinubu on Thursday opposed the move by the former Vice President Abubakar Atiku to engage an ad-hoc staff of the Independent National Electoral Commission (INEC) to give evidence in his petition challenging the outcome of the February 25 presidential election.
Atiku and the Peoples Democratic Party (PDP) had subpoenaed three ad-hoc workers of INEC to testify on their experiences in respect of the presidential election.
Specifically, the petitioners had requested the INEC ad-hoc staff to offer explanations on how the results of the presidential election results were transmitted and carried out.
But Tinubu represented by Chief Wole Olanipekun (SAN) objected to the use of statements made on oath by the witnesses to be tendered at the Presidential Election Petition Court (PEPC) in aid of Atiku’s petition.
Tinubu and the APC argued that the statements of the ad-hoc workers were not front loaded at the time of filing the petition.
Olanipekun argued that since they were subpoenaed by Atiku, as the petitioner, he ought to have front loaded their statements on oath along with the petition.
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He asked the court to reject the witnesses and discountenance their statements on grounds of violating the provisions of the Electoral Act 2022.
Tinubu’s arguments against the subpoenaed witnesses were adopted by Prince Lateef Fagbemi (SAN) who stood for the APC and Abubakar Mahmoud (SAN) who appeared for INEC.
However, Atiku’s lead counsel, Chris Uche (SAN) asked the court to dismiss the objections on the grounds that they were utterly misplaced and misconceived.
Uche posited that the objections by Tinubu, APC and INEC were deliberate ploy designed to delay proceedings.
He submitted that the statements of the subpoenaed witnesses could not have been front loaded along with the petition because they have not been summoned at the time of filing the petition.
Meanwhile, Chairman of the Presidential Election Petition Court, Justice Haruna Tsammani, reserved ruling on the issue.
However, the PEPC ordered that the evidence of the three subpoenaed witnesses be taken and the respondents to cross examine them.
Obi Seeks Order To Question INEC On ICT Experts
Meanwhile, the standard bearer of the Labour Party (LP) in the February 25 presidential poll, Peter Obi, on Thursday, prayed for an order of the Presidential Election Petition Court to interrogate the Independent National Electoral Commission (INEC) on the experts on Information and Communication Technology (ICT) used for the conduct of the election.
In two separate motions argued by Patrick Ikweto (SAN) on behalf of Obi and LP, the petitioners demanded to know the quality of the ICT experts deployed in the use of technology for the conduct of election.
In the motions, Obi and LP prayed the PEPC to compel INEC to supply them with names and profile of ICT personnel that handled the technological aspects of the election.
They posed 12 questions to be forwarded to INEC for answers so as to aid Obi and LP in establishing their allegations of poor conduct especially malpractices in the conduct of the election.
The petitioner’s lawyer claimed that the request if granted would assist them in the effective presentation of their petition challenging the declaration of Bola Ahmed Tinubu as winner of the election.
However, INEC represented by Kemi Pinhero (SAN) objected to Obi’s bid to subject INEC to interrogation through incompetent applications.
He argued that Obi’s applications had become belated because he brought them outside the time allowed by law.
Pinhero argued that such an application ought to have been brought and argued during the pre-hearing session, adding that bringing the application outside the pre-hearing session has robbed the court of jurisdiction to hear it.
Tinubu represented by Akin Olujimi (SAN) and the All Progressives Congress represented by Lateef Fagbemi (SAN) all opposed granting the request.
They insisted that the application is grossly incompetent in the face of the law.
Chairman of the PEPC, Justice, Haruna Tsammani, has reserved ruling in the applications.