The Independent National Electoral Commission, INEC, on Monday, failed to open its defence to allegation by candidate of the Labour Party, Mr. Peter Obi, that the 2023 presidential election was rigged.
The Presidential Election Petition Court, PEPC, sitting in Abuja, had resumed its proceedings to enable the electoral body to call its first witness to justify its declaration of candidate of the ruling All Progressives Congress, APC, Bola Tinubu, as winner of the presidential election that held on February 25.
However, when the case was called up for hearing, INEC, through its team of lawyers led by Mr. Abubakar Mahmoud, SAN, told the court that its witness was not available.
Though the Commission expressed its determination to produce three witnesses to defend the outcome of the disputed presidential poll, it, however, told the court that the first person it wanted to put in the box as a witness, was involved in a domestic issue.
Consequently, its lead counsel, Mahmoud, SAN, persuaded the Justice Haruna Tsammani-led five-member panel of the court to adjourn further proceedings in the matter till Tuesday.
Obi’s legal team, led by Dr. Livy Uzoukwu, SAN, did not oppose the application for an adjournment.
Likewise, President Tinubu’s lead counsel, Chief Wole Olanipekun, SAN, as well as that of the APC, Prince Lateef Fagbemi, SAN, said they were not against the request for the matter to be adjourned.
Owing to the development, the panel, deferred the case till Tuesday to enable the electoral body to produce its first witness.
In the alternative, the petitioners, want an order cancelling the election and compelling INEC to conduct a fresh election at which Tinubu, Shettima and the APC, listed as 2nd, 3rd and 4th Respondents, respectively, shall not participate.
In a further alternative prayer, the petitioners want the court to hold that the presidential election was void on the ground that it was not conducted substantially in accordance with the provisions of the Electoral Act 2022, and the 1999 Constitution, as amended.
Likewise, they applied for an order, “cancelling the presidential election conducted on 25th February 2023 and mandating the 1st Respondent to conduct a fresh election for the President, the Federal Republic of Nigeria.”
Meanwhile, the court will by 2pm, resume hearing on another petition that the candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar also filed to nullify President Tinubu’s election.
Credit: Vanguard