‘Where’s the transparency?’ As PEPT comes under fire over planned live broadcast of judgement

[By VICTOR NZE]

Decision by the President Election Petitions Tribunal (PEPT) sitting at the Court of Appeal headquarters in Abuja to allow for live broadcast of its final judgement on Wednesday, September 6, has come under fire as Nigerians have questioned the court’s ‘belated’ decision.

Nigerians while reacting to the announcement, Monday, by the Court of Appeal to fix Wednesday, September 6 as date for the PEPT to deliver judgement, questioned the rationale in allowing for live coverage of the judgement when the court had earlier dismissed same application filed by two of the petitioners at the court.

According to Nigerians, there appears to be no transparency in the late U-turn by the court to admit live coverage when it had earlier kicked against it, despite clamour by Nigerians at home and in the Diaspora who had expressed the hope that the court’s proceedings would be broadcast live for transparency.

It would be recalled that the PEPT chairman, Justice Haruna Tsammani had, in May, in the course of hearings at the tribunal, dismissed the application for live broadcast of its proceedings filed separately by two of the petitioners; Peter Obi and Labour Party, with Atiku Abubakar and his Peoples Democratic Party (PDP).

Justice Tsammani who read the ruling dismissed the application for lack of merit.

He said the application is a policy issue that can only be established by the judiciary. But no such judicial policy or regulatory framework has been put in place to support the application.

Atiku and the PDP in an application dated May 5, filed by their counsel, Chris Uche, specifically prayed to the court for an order directing the court’s registry and the parties on modalities for admission of media practitioners and their equipment into the courtroom.

Also, the LP and its Presidential candidate Peter Obi filed an application in which they argued that Nigerians being stakeholders have a right to have real-time information about the election petition proceedings.

However, in announcing a date for its final judgement as contained in a statement, signed by its Chief Registrar, Signed Umar Bangari, Monday, the Court of Appeal which disclosed that it has fixed Wednesday, September 6 as date for the PEPT to deliver judgement, also said that it will allow for live coverage of proceedings ‘in a bid to promote transparency and openness.’

“The Court of Appeal wishes to inform the general public that the judgement in the following petitions before the Presidential Elections Petitions Court will be delivered on Wednesday, 6^th September, 2023.

CA/PEPC/03/2023 between Mr Peter Gregory Obi & Anor VS Independent National Electoral Commission & 3 Ors; CA/PEPC/04/2023 between Allied Peoples Movement VS Independent National Electoral Commission & 4 Ors; CA/PEPC/05/2023 between Abubakar Atiku & Anor VS Independent National Electoral Commission & 2 Ors.

“In a bid to promote transparency and openness, these judgements will be televised live by interested Television Stations for the public to follow.

“Access to the Court premises will be strictly on accreditation. Only accredited individuals, including Counsel and representatives of Political Parties will be granted access into the Courtroom. Interested members of the public are advised to watch proceedings from their television sets,” the court said.

In their reactions, some Nigerians picked holes in the Court of Appeal’s U-turn on television coverage of its proceedings.

According to constitutional rights lawyer, Mr. Inibehe Effiong, ‘judgment is (also) part of proceedings,’ as he added that since the PEPT dismissed live coverage during proceedings, it cannot allow it now for judgement.

“During the debate about live broadcast of proceedings, I argued that there is no harm in allowing live broadcast because judgments in presidential election petitions are usually televised live.

“However, the court ruled that there was no legal framework for broadcast of the proceedings.

“Is there a legal framework in place for live broadcast of the judgments?

“I want to learn from those who abused me for supporting live broadcast of the proceedings.

“Judgment is part of proceedings,” he stated, Monday.

Also reacting, an activist, FS Yusuf, wondered why the court had refused to carry the people through the process, ‘you are now deciding to throw the outcome out there for them.’

“The presidential tribunal is planning to have a live broadcast of the September 6th judgment. Funny. So you refused to allow the people have a live broadcast during the process, you refused to carry them through the process, you are now deciding to throw the outcome out there for them. Where is the transparency!????” Mr Yusuf asked via his Twitter (now X) handle (@FS_Yusuf_), Monday.

This is as some others have expressed skepticism over the sequence of events leading up to the announcement of a date for judgement by the PEPT.

“It is no coincidence that: Justice Tsammani was almost begging for forgiveness on Tinubu’s behalf;  Nyesom Wike was made minister of FCT last month;  NLC announced that there’ll be a strike on the 5th&6th of September;  Mary Odili came out to give us a hint on their plans and also praised Apc and Bola Tinubu’s lawyer, Olanipekun; This Morning Tinubu traveled to India and the PEPT judgement date was brought forward to the 6th of September. Just 1 day notice!!!

“Judiciary, Don’t start a fire you cannot control!!….” wrote Serah Ibrahim.

Meanwhile, it has been reported that the Court of Appeal has instructed all staff except for those involved in the Wednesday, September 6 judgement day ruling to stay at home.

The PEPT had on August 1 reserved its Judgment on the Petition brought before it by Peter Obi and his party Labour Party, as well as that of Atiku Abubakar and his Peoples Democratic Party (PDP) challenging the victory of Bola Tinubu in the 2023 Presidential Elections.

This comes after the Court adopted the written addresses on preliminary objections and final written addresses of the Petitioners and Respondents.

In their written addresses, the Respondents urged the Court to adopt their processes and dismiss the petition.

While Counsel to the Petitioner urged the Court to rely and adopt all their addresses and allow the petition by granting all the reliefs sort as the petition is meritorious.

Having heard all parties, Chairman of the panel, Justice Tsammani Haruna reserved judgement on the Petition.

While Counsel to the Petitioner urged the Court to rely and adopt all their addresses and allow the petition by granting all the reliefs sort as the petition is meritorious.

Having heard all parties, Chairman of the panel, reserved judgement on the Petition and fixed a day to deliver ruling which it said will be communicated to all parties to the dispute.

In a related development, President Bola Tinubu will depart the country Monday to attend the G-20 Leaders’ Summit in New Delhi, India. He is expected to be out of the country while the tribunal delivers its judgement on Wednesday, September 6.

President Tinubu is attending the Summit on the special invitation of Indian Prime Minister, Narendra Modi.

A statement issued by the Special Adviser to the President on Media and Publicity, Chief Ajuri Ngelale explained that on the sidelines of the Summit, the President will participate in and deliver keynote addresses at both the Nigeria-India Presidential Roundtable and the Nigeria-India Business Conference.

The CEO Roundtable will be attended by leading industrialists in the Indian private sector, Nigerian industrialists, as well as senior government officials from both countries.