* Begins hearing May 30
The Presidential Election Petition Court (PEPC), sitting at the Court of Appeal, Abuja, has consolidated the three remaining petitions challenging the election of President-elect, Bola Ahmed Tinubu.
The only three petitions before the court are those filed by Atiku Abubakar and his party – the Peoples Democratic Party (PDP); Peter Obi and the Labour Party (LP); as well as that of the Allied Peoples Movement (APM).
On Saturday, a five-member panel of the court, led by Justice Haruna Tsammani, proposed that the surviving petitions be consolidated as provided in Paragraph 50 of the First Schedule to the Electoral Act 2022.
For emphasis, the Paragraph states: “Where two or more petitions are presented in relation to the same election or return, all the petitions shall be consolidated, considered and be dealt with as one petition unless the tribunal or court shall otherwise direct in order to do justice or an objection against one or more of the petitions has been upheld by the tribunal or court.”
But in opposition to the motion, the APC and Tinubu, on Monday, insisted that they would be greatly jeopardised and the interest of justice would not be served if the request for the petition consolidation is granted.
Addressing the Court through its counsel, Charles Edosomwen (SAN), the APC argued that it would not be able to defend its victory perfectly if the petitions are consolidated.
Specifically, the party said it would not be able to engage the huge number of witnesses already lined up to testify against it and its presidential candidate in the election, especially on the myriad of allegations against them.
Also, Tinubu, represented by his team of lawyers led by Akin Olujimi (SAN), faulted paragraph 50 of the 5th Schedule of the Electoral Act 2022, which empowers the Election Petition Court to consolidate petitions if they are against the same election and the same declaration of the winner.
He argued that different issues were raised in the petitions against him and would require that the petitions be heard differently.
But the Peoples Democratic Party (PDP), and its presidential candidate Atiku Abubakar, the Independent National Electoral Commission (INEC), the Labour Party and its presidential candidate Peter Obi, as well as the Allied Peoples Movement (APM), supported the proposal and pleaded with the court to discountenance the objections and consolidate the three petitions for a quick hearing.
Counsel to PDP and Atiku, Eyitayo Jegede, argued that the consolidation of all petitions will afford speedy determination of the petitions, and does not in any way make any of the petitions lose their character. He also argued that the court does not require the consent to or concurrence of any of the litigating parties
Also, Femi Ihero, INEC’s lawyer, said, “We are indifferent to whatever order the court makes. I am not in support or in opposition.”
Awa Kalu, counsel to Peter Obi and the LP, had said:“Taking into account the facts before you, and issues arising before you in the different cases, whatever the court directs, whatever the court decides.”
But ruling on its motion on Tuesday, the court led by Justice Tsammani, dismissed the objection of the APC and Tinubu, while moving to consolidate the three surviving petitions.
The Court said that it arrived at the decision because of the limited time within which the petition must be disposed off.
Justice Tsammani also ordered the President-elect, Bola Tinubu, to defend his victory at the election along with the Independent National Electoral Commission (INEC) within five days.