*INEC, APC, Tinubu Others Urge Court To Dismiss Petition
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The Presidential Election Petition Court (PEPC) sitting at the Court of Appeal in Abuja, on Friday, reserved judgement in the petition filed by the Allied Peoples Movement (APM) challenging the declaration of Bola Ahmed Tinubu of the All Progressives Congress (APC) as the winner of the February 25 presidential election.
The five-member panel of Justices of the court, led by Justice Haruna Tsammani reserved judgement in the petition to a date that will be communicated to parties after the petitioner and all the respondents adopted their final written addresses in the petition.
The APM, in its petition numbered; CA/PEPC/04/2023 is seeking the nullification of Tinubu’s election on the ground of double nomination of the Vice – Presidential candidate of the APC, Sen. Kashim Shettima.
The petitioner listed the Independent National Electoral Commission (INEC), APC, Tinubu, Shettima and Kabiru Masari as 1st to 5th respondents in its petition challenging the outcome of the February 25 presidential election.
Sir Steven Adehi (SAN), while adopting the final written address for INEC filed on June 30 and a reply on point of law filed on July 13, urged the court to dismiss the petition of the APM.
Lateef Fagbemi (SAN) adopted APC’s final written address filed on June 30 as well as a reply on point of law filed on July 11, and urged the court to dismiss the petition on all grounds, for been frivolous and already dead on arrival.
Counsel to President Tinubu and Vice President Kashim Shettima, Chief Wole Olanipekun (SAN) on his part adopted the final written addresses of his clients filed on June 27, a reply filed on July 10 and also urged the court to dismiss the petition, which should no have been filed in the first place.
Rowland Otaru (SAN) representing Kabiru Masari also adopted the final written address of his client and urged the court to dismiss the petition, which he noted was dead on arrival.
Andrew Malgwi (SAN), counsel to the petitioners, while adopting the final written address of the APM filed on July 6, urged the court allow the petition and grant all the reliefs sought there-in.
It would be recalled that President Tinubu and the APC had a futile attempt to shut the petitioner out of the petition, which called only one witness, Aisha Abubakar in aid of its petition against Tinubu’s election.
Led in evidence by the lead counsel to the APM, Gideon Idiagbonya, the witness identified and tendered the five witness statements on oath she deposed to at the registry of the court.
The witness, who is the assistant welfare officer of the APM, also tendered her membership card and other documents as evidence in the matter.
At the end of the cross examination of the witness by the respondents in the petition, counsel to the petitioner announced the closure of the case of the petitioner.
The respondents, through their counsel did not call any witness in the petition, but relied on the May 26, 2023 judgement of the Supreme Court and a letter notifying INEC of the withdrawal of Shettima as a senatorial candidate of the APC for Borno Central Senatorial district tendered by counsel to INEC, Dr. Kemi Pinhero (SAN).
The Supreme Court judgement which was tendered in evidence by counsel to the APC, dismissed a suit by the Peoples Democratic Party (PDP) against Tinubu’s eligibility to contest the February 25 presidential election on the ground of double nomination of his running mate, for lacking in merit.
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