Presidential Poll Dispute: You've no right to defend Tinubu's qualification, Atiku tells INEC

Former Vice President and candidate of the Peoples Democratic Party, PDP, in the last presidential election, Alhaji Atiku Abubakar, has berated the Independent National Electoral Commission, INEC, accusing it of fighting a proxy war for the President-elect, Asiwaju Bola Tinubu. 

Atiku, who raised the allegation before the Presidential Election Petition Court, PEPC, maintained that the electoral body had no right to file processes to defend Tinubu's qualifications. 

He contended that INEC, as an umpire, ought to remain neutral in the petition he filed to challenge the return of Tinubu of the ruling All Progressives Congress, APC, as winner of the presidential election that held on February 25.

At the resumed proceedings in the matter, Atiku's lead counsel, Chief Chris Uche, SAN, while notifying the court of seven pending applications in the matter, said it was unfortunate that INEC, which filed two of the applications, sought the striking out of 32 paragraphs of the petition relating to Tinubu's qualifications.

Uche, SAN, prayed the court to not only dismiss INEC's preliminary objection and reply on points of law, but to declare it as a gross abuse of the judicial process. 

"All that INEC has done is to ask for averments that were against Tinubu to be struck out. INEC is fighting a proxy war for Tinubu, which a neutral umpire is not expected to do. This is very wrong my lords," Atiku's lawyer added.

However, INEC, through its team of lawyers led by Mr. Abubakar Mahmood, SAN, urged the court to strike out the paragraphs in Atiku's petition or in alternative, dismiss the entire case for want of competence. 

Likewise, Tinubu's lawyer, Chief Wole Olanipekun, SAN, and that of the APC, Prince Lateef Fagbemi, SAN, equally drew attention of the court to processes they also filed for the petition to be dismissed. 

Meanwhile, the Justice Haruna Tsammani-led five-member panel subsequently adjourned the case till Saturday for possible conclusion of the pre-hearing session.

The court held that its ruling on all the preliminary objections would be delivered before its final judgement on the case.

Atiku, who came second in the presidential election, is in a joint petition he filed alongside the PDP marked: CA/PEPC/05/2023, praying the court to among other things, withdraw the Certificate of Return that was issued to the President-elect, Bola Tinubu of the ruling APC, by INEC.

The petitioners maintained that the declaration of Tinubu as winner of the presidential election was "invalid by reason of non- compliance with the provisions of the Electoral Act, 2022".

They further argued that Tinubu's election was invalid by reason of corrupt practices, insisting that he was not duly elected by majority of lawful votes cast at the election.

Atiku further prayed the court to declare him as the winner of the presidential election, having secured the second highest number of lawful votes cast at the election.