Nigeria’s president-elect, Bola Tinubu and the ruling All Progressives Congress, APC, have kicked against the move to merge the three different petitions that are seeking to nullify the outcome of the 25th February, 2023 presidential election.
In the presidential election petition court sitting in Abuja, on Monday, Tinubu, through his team of lawyers led by Chief Akin Olujinmi, SAN, maintained that consolidating all the petitions would affect his ability to effectively defend all the issues that were raised against the him by the petitioners.
“My lords, the issue of justice should be a restraint on the power of this court to exercise its discretion in granting the order for consolidation,” Tinubu pleaded, stressing that the petitioners did not only raise various issues against him, but equally seeking different reliefs.
Recall that the Presidential Election Petition Court, had disclosed its intention to consolidate all the petitions.
The Justice Haruna Tsammani-led five-member panel of the court said it was empowered by Paragraph 50 of the First Schedule to the Electoral Act, to merge all the petitions and determine them together.
The court, therefore, gave counsel for all the petitioners the permission to consult their clients and report back to it with the outcome of the meeting.
That being so, at the resumed proceedings on Monday, Tinubu’s lawyer claimed that provision of the Electoral Act that the court referred to, was not absolute.
In his words, “My lords, when the exercise of power is subject to limitation of some conditions, then it cannot be said that the exercise is mandatory.
“There are issues raised in one petition that are not there in others. The issues vary. The same goes for evidential issues that are based on pleadings that have been exchanged by parties in this case.
“We want to make it clear at this stage that it will be absolutely difficult for us to consent to consolidation of the petitions.
Tinubu lawyer added that, “I most humbly urge your lordships not to grant the consolidation,”
Earlier, counsel for the APC, Mr. Charles Edosomwam, SAN, argued that by merging the petition it will be impossible to defend the case.
“it will be pragmatically impossible for the respondent to effectively defend the case.
“It is our position that the issue of justice cannot be sacrificed at the alter of convenience,” the APC added.
However, the Independent National Electoral Commission, INEC, said though it was not opposed to the proposed consolidation of the petition, it would leave the issue to the court’s discretion.
– (VANGUARD | SUMMIT NIGERIA)
