‘PEPT judgement is against reason, facts and evidence’ – PDP, Atiku

Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar have rejected the judgement delivered by the Presidential Election Petitions Tribunal (PEPT) in Abuja, Wednesday, which had affirmed now President Bola Tinubu of the All Progressives Congress (APC) as duly elected in the disputed February 25, 2023 election.

The five-man panel of justices had also dismissed the petitions filed by the Allied Peoples Movement (APM), the Labour Party (LP) as well as that of the PDP in reaching a unanimous decision in affirming President Tinubu as winner of the election as announced by the Independent National Electoral Commission (INEC) on March 1, 2023.

Reacting to the judgement, in a statement signed by its National Publicity Secretary, Hon. Debo Ologunagba, late Wednesday, the PDP described the court’s decision as being ‘against reason, against the facts and evidence presented in court; against the relevant Electoral Laws, Guidelines and Regulations as well as the Constitution of the Federal Republic of Nigeria, 1999 (as amended).’

The court had ruled in favour of Tinubu, the second respondent and the third respondent, Kashim Shettima on all the petitions, with exception of the status of the Labour Party presidential candidate, Mr Peter Obi, as a member of the party.

It would be recalled that the Labour Party also in its own reaction, same day, had rejected the court’s decision, which the party said ‘did not reflect the law and the desire of the people.’

PDP in its statement promised to have a comprehensive review of the judgment and decide on the next line of action within the ambit of the law, as it further urged Nigerians to ‘remain at alert, calm and united.’

“Few moments ago, the Presidential Election Petition Court (PEPC) delivered judgment in the petition filed by our party, the PDP and its candidate, Alhaji Atiku Abubakar against the Independent National Electoral Commission (INEC), the All Progressives Congress (APC) and Senator Bola Ahmed Tinubu, over the declaration of the APC and Senator Tinubu as winner of the February 25, 2023 Presidential Election by INEC.

“As a party, we have had an initial review of the judgment as delivered by the PEPC, and we unequivocally reject the said judgement in its entirety.

“The judgement is against reason, against the facts and evidence presented in court; against the relevant Electoral Laws, Guidelines and Regulations as well as the Constitution of the Federal Republic of Nigeria, 1999 (as amended). Indeed, the judgment is generous in technicalities and very short in delivering substantial justice in the matter.

“The PDP, as a law-abiding political party, will with our lawyers have a comprehensive review of the judgment and decide on the next line of action within the ambit of the law.

“The PDP calls on Nigerians to remain at alert, calm and united as our Party continues to lead the charge to defend Democracy and ensure that the Will of the people as expressed in the February 25, 2023 Presidential election is respected and restored,” the statement read.

It would recalled that the PEPT had earlier Wednesday, dismissed the two grounds of petition it filed challenging Tinubu’s victory at the February 25 election, which it had alleged that Tinubu owns dual citizenship.

Justice Stephen Adah, who took over from Justice Haruna Tsammani, after a review of the evidence and documents tendered, struck out the evidence of some of Atiku’s witnesses on the grounds that that their witness statements on oath were not filed along with his petition.

The court also expunged 37 exhibits tendered by the witnesses from the court’s records.

On the issue of dumping of documents on the court, he held that this would only go to the weight to be attached to such evidence.

On the issue of Tinubu’s conviction and the issue of his dual citizenship, the Tribunal again held like it earlier did that this issues were incompetent and liable to be struck out and same were indeed struck out.

After this, Justice Adah handed over to Justice Tsammani, the leader of the five-man panel, who then proceeded to the deal with the main petition.

The court spelt out four grounds for determination.

“On the inability of the election officers to transmit election results electronically, of the 27 witnesses called by the petitioner, 10 were polling unit agents who testified as to how the elections were conducted in their different polling unit.

“All 10 of the witnesses testified that the voting went well and was peaceful in their different polling units but they all said they could not upload results electronically to the portal of the Independent National Electoral Commission (INEC), so they entered the results manually and took same to the ward and or state collation center.

“The witnesses were emphatic that voting went well, party agents signed the results but the only difficulty was in uploading the results electronically.

“The Tribunal strongly stressed that litigation is fought on pleadings, parties swim or sink on their pleadings.

“On the allegations that agents of the respondents disrupted the elections, the petitioners said video recordings will be tendered as proof but this was not done.

“From the foregoing, the petitioners failed to prove the issue of election malpractice and the issue was resolved in favour of the respondents and against the petitioners.

Issue two is on the 25 percent in the Federal Capital Territory (FCT) and the court simply adopted its earlier decision on the issue.

“Issue three is on the qualification of the Tinubu because of the alleged indictment but the petitioners did not place believable evidence before the court.”