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Concerns As Presidential Election Petition Tribunal Begins  

*”We Will Not Entertain Technicalities” – PEPC Panel Warns

Heightened concerns and anxiety have enveloped the country following the commencement of the hearing of the petitions challenging the results of the February 25 presidential election by the Presidential Election Petitions Tribunal in Abuja Monday.

Bola Ahmed Tinubu of the ruling All Progressives Congress was declared winner after he was said to have polled 8,794,726 votes to win the election, by the Independent National Electoral CommissionAtiku Abubakar of the Peoples Democratic Party was declared second with  6,984,520 votes, and Peter Obi of Labour Party as the second runner-up with  6,101,533 votes.

Atiku, Obi and some other parties have rejected the results announced by INEC and had approached the Presidential Election Petition Tribunal to reverse Tinubu’s victory.

Metrobusinessnews.com (MBN) learnt that the panel of judges is led by Justice Haruna Tsammani

The five-man panel of justices include Justice Stephen Adah, Justice Misitura Bolaji-Yusuf, Justice Boloukuoromo Moses Ugo and Justice Abbah Mohammed.

The Presidential Election Petition Court (PEPC) is the court of first instance and has jurisdiction in presidential election-related petitions

In his opening remarks, Justice Tsammani assured that the panel will treat all Petitions justly and in a timely manner.

Tsammani urged parties before the court to refrain from making sensational comments that could cause unrest in the country.

He urged the lawyers not to engage in unnecessary technicalities as such could cause delays in the expeditious hearing of the petitions.

“Election is time bound, let us not waste unnecessary time, let us cooperate with each other so that everyone will leave here satisfied

But most Nigerians are expressing concerns that dragging the case for the mandatory 180-day duration might not augur well for the economy that is already being affected by the heightened tension in the polity.

The argument is that, since it’s the same constitution that stiputales the maximum duration for the tribunal to deliberate on the petition that equally mandates the tribunal to uphold justice and fairplay, the Justices should give meaning to justice by ensuring expeditious hearing.

According to Isaac Anukudu, Lawyer and policy analyst, it is not mandatory on  the tribunal to exhaust the 180 days as well as the Supreme Court to stick to the 60 days duration.

Anumudu, who featured on the Channels Television’s Sunrise program on Monday said, “Nothing says the Tribunal cannot hear and dispose some of these issues within seven days. Judging from the mood of the nation and the fact that most activities as well as even investors and kidnappers are waiting for the outcome of the tribunal, I will request for judicial proactivism. The judges can dispose of cases like, qualification of Tinubu, 25 percent issue for FCT, alleged double nomination by APC vice president-elect and alleged $460,000 forfeiture by APC president-elect in United States of America. It is when all these fail that the Tribunal could go into areas of alleged results and voting manipulations that would require calling witnesses from all over the country. Sections 13 and 14 of the constitution requires proactive disposition to the cases, even as the swearing ceremony is about 21 days from now. Therefore, swearing in before the resolutions of the cases is unfair and against sections 13 and 14 of the constitution.”

Speaking further, he said, “the Justices should guage the temperature and the mood of the nation. Investors are waiting until the resolution of these cases before they can invest in our economy. Similarly, the kidnappers may have reduced their activities waiting for the direction of the country.”

But from the opening remarks of the chairman of the PEPC, the Justices may not embark on any proactive measures as they are out to deal with the details and merits of the cases as argued by their Counsels.
It was further gathered that about 49 Lawyers are representing Tinubu, while Atiku and Obi have many Lawyers representing them also.
Consequently, some analysts say, judging by the high number of senior Lawyers on all the sides, the only thing the Tribunal could do is to schedule the hearing, the number of witnesses and allocating specific time to the witnesses so as to expedite action on the cases.
According to one of the analysts, the tribunal may come out with timetable for the hearing of  the number of days to be spent by the petitioners, the number of days to be spent by the respondents, how to take in the documents, among others.
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However, the chairman of the PEPC said there were five petitions and the first three petitions would be heard on Monday while the last two would be heard on Tuesday.

Responding, Wole Olanipekun, SAN, said that as lawyers, they were bound by the law abiding and would adhere strictly to the rule of law throughout the proceedings.

Olanipekun gave the assurance that the lawyers would give their full support to the cause.

Other senior advocates also agreed with Olanipekun.

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