Peter Obi’s claim of irregularities, corrupt practices, not substantial – Tribunal

Chigozie Ikpo, Abuja

The Presidential Election Petition Court (PEPC), has struck out some paragraphs of the petition by Mr. Peter Obi and the Labour Party (LP), containing allegations of irregularities and corrupt practices in the February 25, 2023 Presidential election.
The five-member panel struck out the affected paragraphs on the grounds that they were “vague, imprecise, nebulous and failed to meet the requirements of pleadings”.
Ruling in the preliminary objections filed by INEC, Tinubu and APC, Justice Abba Mohammed, who read the ruling held that “averments” must not leave room for confusion or ambiguity, adding that the aim of pleadings is to avail respondents of the facts of the case so as to prepare adequately.
In a case of alleged malpractices in over 500 polling units, Justice Mohammed held that it does not suffice for the petitioners to say some polling units or collation centers without being specific.
“Averments must not be general but specific”, Mohammed held adding “petitioners failed to specify polling units where anomalies occurred or where agents complained of alleged malpractices and irregularities”.
In addition the tribunal pointed that amongst the total of over 18, 000 polling units where the petitioners alleged that INEC uploaded “blurred results ” unto the INEC Results Viewing (IReV) Portals, not one polling units was cited.
“They did not specify polling units where election results were not uploaded” or where scores attributed to them was reduced or added to Tinubu.
“They did not show the majority of votes they claimed they had scored”, the tribunal held, adding that petitioners only made generic allegations of irregularities and malpractices.
Mohammed further faulted the petitioners for relying on a spreadsheet analysis, inspection results and experts reports.
The court held that such documents ought to be served on the respondents to enable them do their own analysis and respond accordingly.
“The spreadsheet report, inspection results and experts reports were not served but only listed as documents to be relied on in adjudicating the petition”, the court held.
It is unimaginable that a petitioner will allege widespread rigging in 176,000 Polling units, over 8,000 wards, 774 LGAs, 36 States and FCT without stating the specific place where the alleged irregularities occurred.
Meanwhile, the court declined to dismiss the petition on grounds that Obi and LP failed to join Atiku Abubakar of the PDP, who came second in the February 25 presidential election.
The tribunal held that in an election petition case, the petitioners’ case is between the winner and the electoral body that contested the election.
The tribunal however, has delved into the merit of Obi’s Petition.
On Obi’s membership of LP which was being contested by the respondents citing that Obi was still a PDP member, Court has said Obi and LP certified the provisions of Obi being a member.
The ground of rejection of Obi as a member of LP is overruled.
The PEPT is basically striking off the forensic report or evidence provided by the mathematics professor who carried out the analysis because according to the PEPT, his evidence should have been provided at the point of filing the election petition so that the opposition can read them ahead of time.
More Details later.