TINUBU VS OBI, INEC CASES THE JUDGEMENT EXPECTED FROM TRIBUNAL
As the Answers to the Petitions filed against Tinubu, APC and INEC keep rolling in, the issues for contention get defined and streamlined. I look forward to what the Court will decide on all the issues contained in the Parties’ processes.
It will be interesting to see what the Court thinks. I am particularly interested in the:
1. The drug issue/ forfeiture about Asiwaju Bola Ahmed Tinubu. It’s interesting how the Petitioners and the Respondents have reacted to that issue. Relying on Court Processes and other feedback from the USA, both Parties maintain fierce antithetical stands.
2. The nomination/standing of Shettima and Peter Obi to contest the elections. Shettima it has been argued by the Petitioner is not a validly nominated candidate for APC. The response of the APC challenges the locus of Peter Obi to present the petition and even run for the Presidential elections under Labour Party.
3 By way of answer and preliminary objection, APC relying on several relevant legislations, argued that Obi was in the eyes of the Law, a member of PDP has not met the threshold of membership of LP, and couldn’t have been a member of Labour Party and indeed this drawback annihilates his petition.
Query – Are these issues of nomination and qualification to contest of Shettima and Peter Obi, pre-election matters or are they post-election cases?
The parties appear to give it the latter colouration, it will be interesting to see what the Court holds on the issue. That will further deepen the jurisprudence on the dichotomy between Pre-election and post-election cases.
4. I look forward to seeing the decision on The FCT conundrum. Must one win the FCT to become the President? What is the status of the FCT? Let’s see what the Courts will say.
5. I am looking forward to the response of INEC as it relates to the spot transmission/upload of results, the interface with BVAS etc. How will the Court decide on this? Will they adjudge the non – compliance as a moot point? Interesting days ahead.
* Thus far this is the reaction to Obi and Labour Party’s petition by APC. Asiwaju Bola Ahmed Tinubu will file his, same with INEC and the Replies. That Atiku Abubakar and PDP will take a similar fashion. The issues are/ will be similar in all as itemized.
Then there is the overall lesson on Law, Practice and Procedure. Especially for Lawyers, this is a potent avenue to learn and see advocacy in its purest form. Election Petition cases bring to the fore Law and Practice on civil litigation, criminal law, evidence etc. This session will not be different!
All the parties in this suit have assembled the cream of Lawyers known over the years for their litigation expertise in election petitions. They expectedly will explore every argument and law. It will simply be illuminating!
Get your jotter and practice notes, a lot to be learnt!
Beyond Law, the decisions of the Court will define our electoral process and democracy, either uplifting the same or diminishing it.
Interesting days ahead!!!!
Barr. Ifeanyi Agwuncha
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