The Presidential election petition Court has struck out the petition filed by Peter Obi and the Labour Party (LP) against President Bola Tinubu and Vice President Kashim Shettima.
Obi had prayed the court to declare him winner of the majority lawful votes cast with the required constitutional spread of not less than 25% of the votes cast in at least two-thirds of the states of the federation, and the Federal Capital Territory, (FCT) Abuja.
Obi also pleaded for a fresh election, with the exclusion of both Tinubu and his party APC, on the virtue of their non-qualification to participate in the election.
Respondents in the petition are the Independent National Electoral Commission (INEC), President Bola Tinubu, Vice President Kashim Shettima and the ruling All Progressives Congress (APC).
President Bola Tinubu and Vice-President Kashim Shettima had contended the locus standi to institute the petition on the grounds that Peter Obi only joined the LP a few days before the election instead of the mandatory 30 days.
However, the court held that it was not within the rights of Tinubu and Shettima to challenge Obi’s candidacy.
“The issue of membership of a political party is an internal party affair,” Justice Mohammed said.
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The court rejected 10 out of the 13 witnesses presented by the petitioners and held that the reports of the witnesses presented by the petitioners were incompetent and incoherent and therefore, their reports and documents tendered were struck out.
The court said once the 21-day window allowed for the filing of an election petition expires, its content cannot be amended.
The petitioners also argued that Tinubu was not legally qualified to contest the election,, alleging that he was previously convicted and fined the sum of $460,000.00 by the United States District Court, Northern District of Illinois, Eastern Division, in Case No: 93C 4483, for an offence involving dishonesty and drug trafficking.
With regard to that, the court said there were no records of Tinubu’s arrest in the US.
Regarding the allegations, the court said Tinubu still enjoyed unimpeded access to the US so it was discountenanced.
The court held that the petitioners failed to show that Tinubu was charged, fined, found guilty or sentenced to jail for the alleged offence relating to drug trafficking.
On the allegation that INEC was required to transmit the election results from the polling units electronically, the court held that there is no requirement for INEC to electronically transmit the results of the election.
On whether Tinubu scored the majority of the lawful votes cast with the required constitutional spread of not less than 25% of the votes cast in at least two-thirds of the states of the federation, and the Federal Capital Territory, Abuja, the court in its ruling on Wednesday declared it as irrelevant.
It agreed with the argument of the respondent that “the FCT does not enjoy a special status, that Abuja is inhabited by Nigerians and that Abuja does not enjoy any special privileges..”
“It was observed as irrelevant,” it held.
It also held that Tinubu and Shettima were qualified to contest the February presidential election. Kpomkwem News reported.
