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Presidential election Tribunal grants Atiku, Obi’s request to inspect INEC materials

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From Godwin Tsa, Abuja

The legal moves to invalidate the declaration of former Lagos State Governor, Senator Ahmed Bola Tinubu as winner of the February 25 presidential election has commenced at the Presidential Election Petition Tribunal (PEPT), Abuja.

Meanwhile, the PEPT has granted the exparte applications brought before it by Candidates of the Peoples Democratic party and Labour Party Presidential Candidates, Atiku Abubakar and Peter Obi to allow them inspect the materials used by the Independent National Electoral Commission,INEC, for the conduct of the election.

This is a prerequisite steps for the proper filing of their respective election petitions against the outcome of the presidential election.

The two aggrieved politicians in their separate exparte motions filed by their counsel, sought the permission of the tribunal loacted at the Abuja division of the Court of Appeal to inspect the electoral materials.

Counsel to Atiku Abubakar of the PDP, Adedamola Faloku prayed the Court to grant the Exparte application brought before it pursuant to Section 146 (1) of the Electoral Act 2022, Paragraph 47 (1, 2 &3) of the first Schedule of the Electoral Act of 2022 and under the inherent jurisdiction of the Court as referenced by Section 6 (6) A & B of the 1999 Constitution.

The application sought seven prayers predicated on six grounds. The Counsel also informed the Court that a schedule of the documents to interrogate the respondent (INEC) was also contained in the application which is an 18  paragraph application supported by a 12 paragraph affidavit.

He thereafter adopted all the averments contained in the affidavit and urged the Court to grant the application.

The presiding Justice, Hon. Justice Joseph Ikyegh Granted the application of the applicant. 

The tribunal equally heard and granted the exparte application by the Presidential candidate of the Labour Party, LP, Mr. Peter Obi on same subject matter.

His counsel,  Alex Ejeseme, SAN  filed the motion pursuant to Section 86 (1) of the constitution of the Federal Republic of Nigeria 1999 as amended Section 146 of the Electoral Act 2022 and paragraphs 47 (1 and 54) of the first Schedule of the Electoral Act 2022 under the inherent jurisdiction of the Court.

The application brought before the Court by Mr. Peter Obi prayed for 6 reliefs on 6 grounds in support of the application.

Alex Ejeseme SAN also informed the Court that they had depose a 15 paragraphs affidavit and they relied on all  the averments in their application urging the Court to grant the application. 

The Court brought to the notice of the counsel that the 6th prayer sort was unusual, later which the counsel urged the Court to strike out the said prayer which was struckout by the Court and granted the application for hearing.

The Independent National Electoral Commission (INEC) had on Wednesday, March 1,  declared Bola Tinubu as the winner of the 2023 presidential election.

INEC chairman, Prof. Yakubu Mahmood announced that Tinubu, a former Lagos State governor and the candidate of the All Progressives Congress (APC) won the election with the majority of votes cast in 36 states of Nigeria and the FCT.

The APC candidate polled 8,794,726 votes to defeat fellow contenders – Atiku Abubakar of the opposition People’s Democratic Party (PDP) who polled 6,984,520 votes, Labour Party’s Peter Obi had 6,101,533 votes to come third and candidate of the New Nigeria People’s Party (NNPP) Rabiu Kwankwaso with 1,496,687 votes.

Of the 36 states and FCT, Tinubu, Obi, and Atiku won 12 states each while Kwankwaso won only Kano State.

The 12 states won by Tinubu are Ogun, Oyo, Osun, Kwara, Benue, Rivers, Borno, Zamfara, Jigawa, Ondo, Kogi and Niger State.

Atiku of the PDP won Taraba, Osun, Akwa Ibom, Adamawa, Kaduna, Sokoto, Yobe, Bayelsa, Kebbi, Bauchi, Gombe and Katsina.

Obi won the following states; Ebonyi, Enugu, Imo, Anambra, Abia, Delta, Edo, FCT, Plateau, Nasarawa, Lagos and Cross River.

However, dissatisfied with the results,  both Atiku and Obi said they were going to challenge the outcome of the election in court.

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