The Labour Party submitted a petition to the Election Tribunal challenging the win of the APC presidential candidate, Bola Tinubu.
The presidential election was held on February 25, 2023, and Bola Tinubu of the All Progressives Congress (APC) emerged as the winner.
His win was opposed by many including the presidential candidate of the Labour Party (LP), Peter Obi.
However, the APC said persons who were displeased with the result should take it up before the Election Tribunal.
In that light, Mr. Obi decided to challenge Mr. Tinubu’s win in a petition he submitted to the Election Tribunal.
Despite Mr. Obi following all legal procedures, the APC is not satisfied and they have put forward a request to the Tribunal.
Frivolous And without Merit
In a counter motion, dated April 10, the APC asks the Tribunal to dismiss the petition filed by Mr Obi.
According to the News Agency of Nigeria (NAN), the APC urges the Tribunal to dismiss LP’s plea with high costs since it was frivolous and without merit.
In the petition of Obi and the LP, the LP is seeking the nullification of the election victory of Tinubu and Kashim Shettima.
The petitioners, through their lawyers, claim there was rigging in the election.
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Also, they contended that INEC violated its regulations when it announced the result.
This is because the totality of the polling unit results had yet to be entirely transmitted electronically as required by the 2022 Electoral Act.
Among other prayers, the LP urges the Tribunal to determine that Tinubu and Shettima were not qualified to contest.
“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.”
APC’s Response
However, the APC in its response, requests that the lawsuit be dismissed.
According to the APC, Mr Obi was not a member of the LP at least 30 days before the party’s presidential primary.
“The 1st petitioner (Obi) was a member of PDP until May 24, 2022. 1st petitioner was screened as a presidential aspirant of the PDP in April 2022.
“Obi participated and was cleared to contest the presidential election while being a member of the PDP.
“1st petitioner purportedly resigned his membership of PDP on May 24, 2022, to purportedly join the 2nd petitioner (Labour Party) on May 27, 2022,” states the APC.
The APC argues that “by the mandatory provisions of sections 77 (1) (2) and (3) of the Electoral Act 2022.
“A political party shall maintain a register and shall make such register available to INEC not later than 30 days before the date fixed for the party primaries, congresses, and convention”.
Furthermore, the APC argues that the petition was incompetent since Obi’s name could not have been in LP’s register made available to INEC when he joined the party.
As a result, the party asserts, among other things, that the Tribunal lacks the necessary authority to hear the pre-election objections included in the petition as it was written.
