PEPT opens pre-hearing, strikes out AA’s petition, bars Lalong from representing Tinubu, seeks cooperation of parties involved in dispute

Long-awaited 2023 Presidential Elections Petitions Tribunal (PEPT) commenced, Monday, at the Court of Appeal Headquarters in Abuja with a pre-hearing session where political parties and respondents are expected to first begin tendering evidence before the court.

The 2023 Presidential Election Petition Tribunal (PEPT) officially commenced sittings Monday, May 8, as the President of the Court of Appeal, Justice (Mrs) Monica Bolnaan Dongban-Mensem inaugurated the justices to form the panel for the PEPT.

Justice Dongban-Mensem formally unveiled the five members of the PEPT who will adjudicate on all petitions filed against INEC, its declaration of Bola Ahmed Tinubu and the All Progressives Congress (APC), as winners of the disputed 2023 Presidential election.

Justice Dongban-Mensem since the presidential election result was made public, had kept the names of the tribunal members close to her chest to avoid undue influence on them.

The inauguration of the judges panel formally signified commencement of sittings at the PEPT in Abuja, where the Court of Appeal headquarters will serve as its sitting venue.

The names of the five Justices who will be presiding over the various petitions, include; the

Chief Registrar of the Court of Appeal, Haruna Simon Tsammani; Justice Stephen Adah, Justice Abba Mohammed, Justice Joseph Ikyegh, Justice Monica Dongban- Mensem (President of the Court of Appeal)

After its inauguration and swearing-in, Presiding Judge of the Presidential Election Petition (PEPT) panel sitting in Abuja, Justice Haruna Tsammani warned petitioners and respondents to avoid ‘unnecessary technical arguments and sectional comments.’

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.

Presiding justice of the PEPC, Justice Haruna Tsammani 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).

“They are marked CA/PEPC/01/2023 by the Action Alliance party and its standard bearer, Solomon Okanigbuan; CA/PEPC/02/2023 filed by the Action People’s Party as the sole petitioner; and CA/PEP/03/2023 by the Labour Party and its presidential candidate, Peter Obi.

“Then we will alternate until we finish the pre-hearing,” Justice Tsammani added that the cases will be alternated until the pre-hearing comes to an end.

Responding, lead counsels to the All Progressives Congress (APC) and the president-elect Bola Tinubu, Mr. Wole Olanipekun SAN, Mr. O. Livy SAN, for Peter Obi and Labour Party, as well as Mr. Chris Uche SAN for Atiku Abubakar of the People Democratic Party (PDP) promised to abide by the rules of the tribunal.

All parties agreed to cooperate with the Court during the course of the matter. The Presiding Justice, Haruna Tsammani further assured that ‘the Court will look at every matter on its merit and timeously.’

The Action Alliance had earlier requested to withdraw its petition which the panel accepted by striking out its suit from the Cause list. The AA in its initial petition was challenging the declaration of Bola Tinubu as President-elect.

A Cause List of the tribunal showed that the Allied People’s Movement (APM) would proceed with its petition marked CA/PEPC/04/2023 against Tinubu.

Defendants in APM’s petition are; INEC, APC, Bola Ahmed Tinubu, Kashim Shetima and one Kabir Masari.

The petition by Abubakar Atiku and the PDP marked CA/ PEPC/05/2023, would be treated last and has INEC, Tinubu Bola Ahmed and the APC as three respondents.

Following the withdrawal of AA’s petition, the PDP will take the centre stage, Tuesday, with the Labour Party to follow, on Wednesday.

The pre-hearing session is essentially for petitioners to present evidences before the PEPT.

In the course of the hearing in the AA petition, which the party had sought leave of the court to withdraw and obtained, as it was first read out and the first on the Cause list, Counsel of AA, Barr Adekunle Omoaje, stepped up to make the announcement of withdrawal.

The Independent National Electoral Commission (INEC) is represented by Barr May who is a Director in INEC.

However, the All Progressives Congress (APC) candidate and president-elect, Bola Tinubu, suffered a setback when his lawyer, Barr Simon Lalong (who is also the Plateau State Governor) had told the panel he is representing the party’s candidate, personally for this case, but was told by the panel that he cannot represent Tinubu because “you cannot represent an individual and as a lawyer you should know that”.

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

It is now, however, clear if the APC had included Lalong among its long list of legal counsels engaged to represent the party and its candidate, Tinubu.

Meanwhile, reacting to the commencement of proceedings at the PEPT, former senator representing Kaduna Central at the National Assembly, Shehu Sanu has opined that the tribunal could fast-track its proceedings by allowing each petitioner and respondent one full day each to present their cases.

According to Sani via his Twitter handle (@ShehuSani), Monday, if the cases are taken to the customary or sharia courts, ‘will be done by Friday.’

“Give the opposition one day to present their case. Give the ruling party one day to defend themselves. Give INEC one day to defend themselves. Demand for Inec portal result. Tell all the three to swear. If this Presidential case is taken to Customary or Sharia court today justice will be done by Friday. Shikenan.”

The Presidential candidate of the Labour Party (LP) was also in court on its pres-hearing, even though the schedule of the PEPT has fixed Wednesday for the party to present its evidence.

Obi  who sat in the court, had earlier met and greeted his legal team, led by Mr Livy Uzoukwu SAN, which also include; Awa Kalu SAN, Benbella Anachebe SAN, Kenneth Okonkwo Esq, Mike Ozekhome, and others.