5 Reasons Why Peter Obi's Petition Should Be Thrown Out By Tribunal, INEC Reveals
On Monday, April 10, the Independent National Electoral Commission (INEC) filed its response to Peter Obi's petition at the Presidential Election Petition Court’s Secretariat in Abuja.
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The response was filed by INEC’s lawyer, Abubakar Mahmoud (SAN), in Abuja.
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Legit.ng recalls that Obi and the Labour Party are challenging the victory of Bola Tinubu, candidate of the All Progressives Congress (APC), in the February 25 elections.
The petitioners asserted that the election was marred by rigging and manipulations, adding that the INEC violated its own regulations when it announced the results at the time the total polling unit results had yet to be fully scanned, uploaded, and transmitted to its online portal.
They also claimed that Tinubu’s running mate and Vice-President-Elect, Kashim Shettima had a double nomination in contravention of the Electoral Act 2022.
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However, in its response, INEC urged the tribunal to dismiss the petition. Here are why the electoral body wants Obi’s petition thrown out by the court.
1. Peter Obi’s reliefs are not grantable
Though he came third according to INEC’s figures, Obi asked the tribunal to declare him the winner or nullify the election.
Responding, INEC said what Obi is asking for is not grantable and urged the tribunal to dismiss the petition.
2. The grounds for Peter Obi’s petitions are vague
As part of the petition grounds, Obi argued that Tinubu, “at the time of the (presidential) election, was not qualified to contest the election.”
Obi also contended that Tinubu “was not duly elected by the majority of the lawful votes cast at the time of the election.”
However, the commission argued that the grounds of the petition are vague. It also discredited the petitioners over the claim that Tinubu was not elected by the majority of lawful votes cast.
3. 25% of FCT votes not needed to win the presidential election
Another ground in Obi’s petition is that Tinubu was not entitled to be declared the winner of the election, having failed to score one-quarter of the lawful votes cast in the FCT in the election.
However, INEC said the APC candidate met all the legal requirements to be so announced as the winner of the election.
It added that a candidate must not secure 25 per cent votes in the FCT to be declared winner because the FCT was not accorded any special status in the constitution as being “erroneously” portrayed by some political parties and candidates who lost the election.
4. Peter Obi’s prayer defective
Also, INEC said Obi’s prayer that the commission should declare that he scored the majority of lawful votes cast at the election and be declared winner was defective.
This, the commission argued, was because the Labour Party candidate failed to join necessary parties and for lack of requisite particulars and pleading to support same.
5. Peter Obi failed to score the majority of votes cast
INEC also said Obi could not be returned as elected as included in his petition because he did not poll the majority of the lawful votes cast at the election.
The commission added that Obi did not secure one-quarter of the votes cast at the election in each of at least two-thirds of all states in the federation and the FCT.
In summary, INEC prayed the court to either dismiss or strike out the petition for being grossly incompetent, abusive, vague, non-specific, ambiguous, and academic.
APC reveals why tribunal should dismiss Peter Obi's petition
In a related development, the ruling All Progressive Congress (APC) has asked that the petition filed by Obi be thrown away.
The petition filed by the LP bannerman was faulted on many premises by the ruling party.
Some of the premises at which the APC is countering Obi’s petition include that he was not a bonafide member of LP during the election.
Source: Legit.ng
