Delay tactics: Respondents test PEPT Justices, as Tinubu jets off to Europe on ‘working visit’

[By VICTOR NZE]

Despite the warning, Monday, issued by the Presidential Election Petitions Tribunal (PEPT) against unprofessional practices in the forms of unnecessary delays and injunctions, it appears the court is about to be tested early in the proceedings by counsels to respondents as the tribunal enters Day Three.

PEPT Presiding Justice Haruna Simon Tsammani, had Monday, kicked off pre-hearing of the court with a warning, and assurances too, to counsels representing both petitioners and respondents against acts deemed to be unprofessional and intended to unnecessarily stall proceedings at the court.

Immediately, after its inauguration and swearing-in, Monday, Justice Tsammani warned petitioners and respondents to avoid ‘unnecessary technical arguments and sectional comments,’ as he added that it was unprofessional,

Also, according to Justice Tsammani, there was no need for lawyers to file time-wasting applications.

“Let us avoid giving sectional comments. We are determined to look at all the matters, and give justice,” Tsammani said.

He assured lawyers, parties and the press that the panel is not unaware of its responsibility and the importance of the case to Nigeria’s democracy and jurisprudence.

He further gave the assurance that justice will be served.

“We are determined to look at the matter dispassionately, and give justice to whoever deserves justice.”

He noted that the tribunal would consider the substance of each case over technicalities, so that whoever leaves here will be satisfied that justice has been, done.”

He warned parties against unnecessary applications that could delay proceedings.

“Knowing very well that election matters are time bound, let us avoid unnecessary technical arguments.

“The petitions to be considered today (Monday) during the pre-hearing would be the first three petitions while the 4th and 5th petitions can take off tomorrow (Tuesday).

However, barely minutes after sounding the warning, the Plateau State Governor, Simon Lalong, stepped up to introduce himself as physical representative of the All Progressives Congress (APC) candidate and president-elect, Bola Tinubu.

Justice Tsammani immediately responded by rejecting the representation, telling Governor Lalong that it was unprofessional.

Justice Tsammani told Lalong that he cannot represent Tinubu because “you cannot represent an individual and as a lawyer you should know that”.

Lalong subsequently withdrew his request, stating that he would now represent the APC.

Justice Tsammani also stated that the tribunal will treat all cases on their merits and will not entertain any technicalities, as he further warned that any intentional delay tactics by the parties or their counsel will not be tolerated.

On Wednesday, when the Labour Party and its candidate, peter Obi took centre stage for their petition contained in the suit marked CA/PEPC/03/2023 with INEC, Senator Bola Ahmed Tinubu, Senator Kashim Shetima and APC as four respondents, it was discovered that counsels to the latter had not filed all replies to the former’s petition.

The situation forced the LP and its candidate, Obi to move for an adjournment till Wednesday, May 17 so as to give the APC, enough time to file relevant responses to its petition.

According to LP/Obi’s lead counsel, Mr Livy Uzoukwu, ‘it would be ripe for hearing so as to ensure no Party delays any further.’

This is also as he added that ‘they would further use this time to agree documents in contention and controversial documents and this would hasten the proceeding as the court would be able to start in proper.’

The PEPT was forced to adjourn over this perceived delay tactics deployed this early by the respondents.

On Wednesday morning, a statement from the Office of the President-elect signed by Mr. Tunde Rahman, announced that Bola Tinubu, a respondent in all three petitions filed by the PDP, LP and APM, has opted to leave the country ‘for Europe on a working visit.’

According to the statement, Tinubu left Nigeria, Wednesday afternoon, for Europe and ‘will use the opportunity of the trip to finetune the transition plans and programmes, and his policy options with some of his key aides without unnecessary pressures and distractions.’

The rules and guidelines concerning the petitions tribunal requires the president-elect to be physically present to defend himself.

The position also informed the rejection by the PEPT Presiding Justice of Governor Lalong’s request to represent the president-elect at the hearings.

“During the visit, the President-elect will engage with investors and other key allies with the goal of marketing investment opportunities in the country and his administration’s readiness to enable a business-friendly climate through policies and regulations.

“Already, meetings with multi-sectoral actors in Europe’s business community including manufacturing, agriculture, tech and energy have been lined up.

“Asíwájú Tinubu hopes to convince them of Nigeria’s readiness to do business under his leadership through mutually-beneficial partnerships premised on jobs creation and skills acquisition.

“Reviving the country’s economy forms a major plank of Tinubu’s Renewed Hope agenda and the meeting is part of his efforts to re-establish Nigeria’s importance in the global economic chain and create empowering opportunities for the country’s huge youth population.

“The President-elect has hitherto promised to hit the ground running and the visit is reflective of his commitment to the promise as he has already begun talks with global actors in the important areas of the economy and security.

“Before he left the country, Asíwájú Tinubu met with the House of Representatives candidates for Speaker and Deputy Speaker endorsed by his party, the All Progressives Congress, Hon. Tajudeen Abbas and Hon. Benjamin Kalu, who were presented to him by Joint Task Team of the House.

“He is scheduled to return shortly for preparations towards his official swearing in as the 16th President of the country on May 29, 2023,” the statement read.

How the PEPT intends to conclude hearing and deliver judgement before the May 29 inauguration amid mounting demands for judgement to be reached before that date, is a mystery, as fears grow in the country indicating the contrary.

“Lies upon lies. 

“Tinubu has mischievously taken a flight to safety to avoid an imminent Presidential  Elections Tribunal subpoena, wherein he’ll be docked to answer under oath, questions about his Identity, Educational Background, Dual Citizenship, Drug Trafficking, Election Rigging & other nauseating baggage that are associated with him,” said Ibrahim H. Abdulkarim, via his Twitter handle (@ziter001), Wednesday.