The All Progressives Congress (APC), on Monday, prayed the Presidential Election Petition Court (PEPC) in Abuja to dismiss the petition filed by the Labour Party (LP) and its Presidential Candidate, Mr Peter Obi, against the emergence of Sen. Bola Tinubu as president-elect in the February 25 election.
The APC, the 4th respondent, urged the PEPC to reject the petition in its notice of preliminary objection marked: CA/PEPC/03/2023 and filed at PEPC’s Secretariat on Monday night by Thomas Ojo, a member of the party’s legal team led by Lateef Fagbemi, SAN, in Abuja.
The party asked the tribunal to dismiss the petition with substantial cost on the grounds that it lacked merit and was frivolous.
The News Agency of Nigeria (NAN) reports that Obi, the 1st petitioner, and LP, the 2nd petitioner, had sued the Independent National Electoral Commission (INEC), Tinubu, Sen. Kashim Shettima and APC as 1st to 4th respondents, respectively.
The petitioners are seeking the nullification of the election victory of Tinubu and Shettima in the Feb. 25 presidential poll.
While former Vice-President Atiku Abubakar of the Peoples Democratic Party (PDP) came second with 6,984,520 votes in the election, Obi came third with 6,101,533 votes.
Abubakar and PDP are also challenging the outcome of the poll.
However, in the petition marked: CA/PEPC/03/2023 filed by Obi and LP’s lead counsel, Livy Ozoukwu, they contended that Tinubu “was not duly elected by a majority of the lawful votes cast at the time of the election.”
The petitioners claimed there was rigging in 11 states, adding that they would demonstrate this in the declaration of results based on the uploaded results.
Obi and LP said INEC violated its own regulations when it announced the result despite the fact that at the time of the announcement, the totality of the polling unit results had yet to be fully scanned, uploaded and transmitted electronically as required by the Electoral Act.
Among other prayers, the petitioners urged the tribunal to “determine that, at the time of the presidential election held on February 25, 2023, the 2nd and 3rd respondents (Tinubu and Shettima) were not qualified to contest the election.
“That it be determined that all the votes recorded for the 2nd respondent in the election are wasted votes, owing to the non-qualification of the 2nd and 3rd respondents.
That it is determined that on the basis of the remaining votes (after discountenancing the votes credited to the 2nd respondent), the 1st petitioner (Obi) scored a majority of the lawful votes cast at the election and had not less than 25 per cent of the votes cast in each of at least two-thirds of the states of the federation and the FCT and satisfied the constitutional requirements to be declared the winner of the February 25 presidential election.
That it be determined that the 2nd respondent (Tinubu), having failed to score one-quarter of the votes cast at the presidential election in the FCT, was not entitled to be declared and returned as the winner of the presidential election held on February 25.”
