LP, Obi lead PEPT pre-hearing, as APC counsels’ failings force adjournment till May 17, court to consider live coverage of proceedings

Day Three of the pre-hearing at the 2023 Presidential Election Petitions Tribunal (PEPT) sitting at the Court of Appeal Headquarters in Abuja got underway, Wednesday, with the presentation by the Labour Party (LP) and its presidential candidate, Mr Peter Obi of their petition against the Independent National Electoral Commission (INEC), the All Progressives Congress (APC, and its candidate and president-elect, Bola Tinubu, as well as, Mr Kashim Shettima, the ruling party’s Vice Presidential candidate.

However, failure of the APC’s legal team to file all replies and documents in response needed for LP and Obi’s petition has forced the court to adjourn the LP and Obi further hearing to next Wednesday, May 17.

Also in the Cause list for the day was the Allied People’s Movement (APM), as the court formally received the request to withdraw petition by the Action Peoples Party (APP) which was initially challenging the declaration by INEC of Tinubu as president-elect of the February 25, 2023 election.

The APP was challenging the presidential Election over alleged non-compliance with the electoral laws and INEC guidelines.

Counsel to the APP, Obed Agu, who requested the tribunal to strike out and dismiss the petition, said he was working on the instructions of his client.

The withdrawal of the petition by the APP was welcomed by the counsel to the APC, Mr Wole Olanipekun SAN who said his client is not opposed to it. This is also as another member of the APC leagal team, Mr Fagbonyin SAN encouraged other parties to take this route and withdraw their cases against his clients; APC and Tinubu.

Responding, Chairman of the Panel, Justice Haruna Tsammani, dismissed APP’s petition with no cost attached.

After the dismissal, the LP and its candidate; Mr Peter Gregory Obi (as petitioners) tendered their petition in a suit marked CA/PEPC/03/2023 with INEC, Senator Bola Ahmed Tinubu, Senator Kashim Shetima and APC as four respondents.

Peter Obi appeared for himself, while LP’s Acting National Publicity Secretary, Mr Obiora Ifoh, represented the party.

However, all other parties to this case were absent.

The pre-hearing formally kicked-off with the lead counsel to LP and Obi, Mr Livy Uzoukwu, first introducing his team beginning; the INEC team’s lead counsel also introduced his colleagues, just as the APC/Tinubu team introduced themselves to the court.

The APC/Tinubu legal team also includes those representing the party’s Vice Presidential candidate, Ibrahim Kashim Shettima, who is also a respondent.

The Labour Party and Peter Obi’s lead counsel Mr Uzouwku them moved that since there are outstanding processes yet to be filed that it would be better to adjourn the case to next Wednesday so the court can commence the full process hearing.

According to 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.’

INEC’s lead counsel SAN Mahmoud agreed to SAN Uzoukwu’s motion. The APC and Tinubu’s lead counsel initially debated among themselves before also agreeing to the motion, as they stated they also needed Monday and Tuesday to file all replies and ensure everything is ready for abduction.

Shettima’s lead counsel Fagbemi SAN has also agreed to this too.

The judges agreed to the LP legal team’s the motion and subsequently adjourned to Wednesday, May 17, 2023.

Meanwhile, on the joint request by the Peoples Democratic Party (PDP) and the LP for live coverage of court proceedings at the tribunal, one of the PEPT Justices noted that streamlining of these documents by the parties would make the court a whole lot faster and easier and thanked all parties for coming to this conclusion.

According to him, ‘if this is done, the court case would be concluded on time much earlier than expected.’

The PEPT adjourned till Wednesday, May 17.

On Tuesday, it would be recalled that the PEPT said it will consider the request from the PDP and the Labour Party (LP) for a live broadcast of the proceedings.

However, INEC, APC, and Bola Ahmed Tinubu counsels are reportedly opposing this request.