APC asks Election Petitions Tribunal to dismiss PDP, Atiku's petition against Tinubu victory
The All Progressives Congress (APC) on Wednesday urged the Presidential Election Petitions Court (PEPC) in Abuja to reject the petition filed by the PDP challenging the election of Senator Bola Tinubu in the February 25 ballot .
CPA, the 4th respondent, urged PEPC to deny the motion in its Preliminary Notice of Objection bearing the caption: CA/PEPC/A/05/2023.
The party stated that the court lacked jurisdiction to adjudicate on the petitioners' claim based on ground (D) in paragraph 16 of the petition and related paragraph 146 which lacks necessary facts or details such as required by subsection 4(1)(d) of the Electoral Petitions Rules of Procedure (1st Schedule to the Elections Act 2022.
“Paragraph 146 of the petitioners in support of the fourth ground of nonqualification is vague, stripped down and meaningless, as the constitutional threshold is not part of the requirement to contest an election,” said l 'APC.
The APC said allegations of non-compliance must be made distinctly and proven on a polling station basis.
The party also added that the petitioners did not provide details of the polling stations where an irregularity or non-compliance took place.
"The petition, as it currently stands, lacks the details necessary to substantiate the allegations of corrupt practices, violence and non-compliance with the provisions of the electoral law.
"Paragraph 35 of the petition is not relevant or recognizable and 84 is vague because no specific number or unit of vote is relied upon as leeway to be countered by the respondent," the APC said. .
The APC therefore asked the court to dismiss or strike out the petitioners' motion for lack of merit.
PetitionAtiku and the PDP, in the petition dated March 21, claimed that Mr. Tinubu's victory was the result of alleged professional misconduct and other irregularities, on which they call for his victory to be nullified.< /p>
The respondents to the petition marked: CA/PEPC/05/2023, are the Independent National Electoral Commission (INEC), Tinubu and the APC as 1st, 2nd and 3rd respectively.
The petition is based on four main grounds among which the election of Mr. Tinubu is invalid due to failure to comply with the provisions of the electoral law of 2022.
READ ALSO: Tinubu: APC asks Electoral Tribunal to dismiss Obi, LP's motion, gives reasonsThe petition also alleged that the election was invalid due to corrupt practices.
Third, the petition stated that Mr. Tinubu had not been duly elected by a majority of the legal votes cast in the election.
Fourth, the petition stated that at the time of the election, Mr. Tinubu was not qualified to contest the election.
The APC had also, in separate documents, urged the Electoral Claims Tribunal to dismiss other claims filed by Labor Party candidate Peter Obi and three other candidates.
The News Agency of Nigeria (NAN) reports that INEC Chairman Mahmood Yakubu declared Tinubu the winner after securing a majority of the votes cast in the poll, Atiku second and Mr Obi third.< /p>
Furthermore, according to the INEC, Mr. Tinubu met the constitutional standard of a score of 25% in two-thirds of the 36 states and the Federal Capital Territory.
(NAN )
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The All Progressives Congress (APC) on Wednesday urged the Presidential Election Petitions Court (PEPC) in Abuja to reject the petition filed by the PDP challenging the election of Senator Bola Tinubu in the February 25 ballot .
CPA, the 4th respondent, urged PEPC to deny the motion in its Preliminary Notice of Objection bearing the caption: CA/PEPC/A/05/2023.
The party stated that the court lacked jurisdiction to adjudicate on the petitioners' claim based on ground (D) in paragraph 16 of the petition and related paragraph 146 which lacks necessary facts or details such as required by subsection 4(1)(d) of the Electoral Petitions Rules of Procedure (1st Schedule to the Elections Act 2022.
“Paragraph 146 of the petitioners in support of the fourth ground of nonqualification is vague, stripped down and meaningless, as the constitutional threshold is not part of the requirement to contest an election,” said l 'APC.
The APC said allegations of non-compliance must be made distinctly and proven on a polling station basis.
The party also added that the petitioners did not provide details of the polling stations where an irregularity or non-compliance took place.
"The petition, as it currently stands, lacks the details necessary to substantiate the allegations of corrupt practices, violence and non-compliance with the provisions of the electoral law.
"Paragraph 35 of the petition is not relevant or recognizable and 84 is vague because no specific number or unit of vote is relied upon as leeway to be countered by the respondent," the APC said. .
The APC therefore asked the court to dismiss or strike out the petitioners' motion for lack of merit.
PetitionAtiku and the PDP, in the petition dated March 21, claimed that Mr. Tinubu's victory was the result of alleged professional misconduct and other irregularities, on which they call for his victory to be nullified.< /p>
The respondents to the petition marked: CA/PEPC/05/2023, are the Independent National Electoral Commission (INEC), Tinubu and the APC as 1st, 2nd and 3rd respectively.
The petition is based on four main grounds among which the election of Mr. Tinubu is invalid due to failure to comply with the provisions of the electoral law of 2022.
READ ALSO: Tinubu: APC asks Electoral Tribunal to dismiss Obi, LP's motion, gives reasonsThe petition also alleged that the election was invalid due to corrupt practices.
Third, the petition stated that Mr. Tinubu had not been duly elected by a majority of the legal votes cast in the election.
Fourth, the petition stated that at the time of the election, Mr. Tinubu was not qualified to contest the election.
The APC had also, in separate documents, urged the Electoral Claims Tribunal to dismiss other claims filed by Labor Party candidate Peter Obi and three other candidates.
The News Agency of Nigeria (NAN) reports that INEC Chairman Mahmood Yakubu declared Tinubu the winner after securing a majority of the votes cast in the poll, Atiku second and Mr Obi third.< /p>
Furthermore, according to the INEC, Mr. Tinubu met the constitutional standard of a score of 25% in two-thirds of the 36 states and the Federal Capital Territory.
(NAN )
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