The All Progressives Congress (APC) has asked the Presidential Election Petition Court (PEPC) to dismiss the petitions by three political parties against the return of its candidate, Bola Tinubu as the winner of the February 25 presidential election.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
This request formed the core relief in the replies by the APC to the petitions by the Action Alliance (AA), the Allied Peoples Movement (APM) and the Action Peoples Party (APP).
The replies by the APC to the three petition were filed on Sunday night at the secretariat of the PEPC in Abuja by Thomas Ojo a member of the APC legal team led by Lateef Fagbemi (SAN).
The APC faulted the claim by the AA that its presidential candidate was excluded from the election, arguing that its known candidate, Hamza Al-Mustapha (the ex-Chief Security Officer to the late General Sani Abacha) participated in the election.
The AA is, in its petition, challenging the election on ground of non-compliance, claiming that by allegedly excluding its candidate, Solomon Okanigbuan, the Independent National Electoral Commission (INEC) failed to comply with relevant laws, including the Electoral Act.
The APC stated that contrary to AA’s claim, Tinubu “was duly elected and returned as the President-elect of the Federal Republic of Nigeria, having won the majority of lawful votes cast in the said election devoid of corrupt practices or vices and in substantial compliance with the provisions of Electoral Act 2022 (as amended). “
It argued that ground on which the AA brought its petition “is not meritorious and facts in support of
same are not availing to validate the petitioners’ claims and/or purported right to present the instant petition.
The APC added that Okanigbuan (listed as the 2nd petitioner “is not the 1st petitioner’s (AA’s) validly nominated and sponsored candidate to contest the Presidential elections held on the 25th day of February, 2023.
APC also argued that as against the AA’s claim, INEC (listed as the 1st respondent) did not unlawfully exclude Okanigbuan’s name because
he was never the lawfully nominated and sponsored candidate of the petitioner, which did not submit his name to INEC as it’s candidate for the election..
It added that there is no evidence that the AA conducted a valid primary from which Okanigbuan emerged as a candidate, noting that Al-mustapha was the actual candidate of the AA, who was recognised by INEC.
The APC stated that Okanigbuan was not nominated and sponsored by the AA as its candidate to contest the presidential elections, adding the party “was not and could not have been excluded from the election as it participated in the presidential election with the 4th respondent (Al-mustapha) as its candidate” who participate in the election and scored 14,542 votes.
In its notice of preliminary objection, the APC questioned the competence of the petition, noting that it was based solely on pre-election issues.
“For an election petition to be competent, it must complain against the return and/or election of the winner of the disputed election.
“The instant petition is neither challenging and/or questioning the election of the 2nd and/or 3rd respondent (APC/Tinubu).
“The petition as presently constituted amounts to a pre-election matter of nomination and sponsorship of candidate(s).
“The crux of the petition being the nomination and sponsorship of the 1st petitioner’s candidate is statute barred having not been commenced within the mandatory 14 days provided for under the Constitution of the Federal Republic of Nigeria 1999;
“Issues of nomination, sponsorship and exclusion of candidates for an election are issues that precede the conduct of an election and are preelection matters that cannot be raised of canvased before an election tribunal.
“Facts in support of the petition speak to intra —party issues, pre-election disputes and administrative actions of INEC triable by Federal High Court under Section 285 of the Constitution of the Federal Republic of Nigeria as altered by the 4th Alteration Act and outside the original jurisdiction of the Court of Appeal being a Presidential Election Petition Tribunal.”
In urging the court to dismiss the petition by the APM, the APC queried the legal capacity of the party to challenging the mode it adopted in nominating it’s candidate.
It also faulted the competence of the petition in view of the exclusion of its presidential candidate as a party to the petition’.
The APM is contending in its petition that Tinubu was not qualified to contest the election on the grounds of the alleged double nomination of his vice presidential candidate.
It is also questioning Tinubu’s candidacy on the grounds of the substitution of the initial placeholder, Kabir Masari with Shettima.
The APC argued that since the APM was not a member of the party, it did not know how it becomes the petitioner’s business how it nominates it’s candidates.
“The petitioner does not fall under the category of persons that can challenge the internal working operation of the 2nd respondent (APC) regarding the nomination and sponsorship of the 2nd respondent’s candidates for the election.”
The APC equally faulted the competence of the petition by the APP, arguing that the grounds on which it was founded is not sustainable .
It described the petition as frivolous and an attempt to waste the court’s time.
The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion.
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria.
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
