No Court Of Appeal After Tribunal – All You Need To Know Ahead Of Presidential Election Petition Tribunal Judgement

No Court Of Appeal After Tribunal – All You Need To Know Ahead Of Presidential Election Petition Tribunal Judgement

The Presidential Election Petition Tribunal (PEPC) has officially confirmed September 6 as the definitive date for delivering judgment in the three petitions challenging the declaration of Bola Tinubu as the winner of the 2023 presidential election.

To ensure transparency, the proceedings will be broadcast live.

It is worth noting that the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, had sworn in 307 justices in November 2022 to handle the 2023 election petitions, and an additional 39 justices were inaugurated on May 25, 2023, bringing the total to 346.

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They were expected to deliver judgments before September 16, in accordance with the law, which mandates a 180-day period for delivering judgments after the filing of petitions by aggrieved candidates.

The tribunal is composed of the following judges:

1. Justice Haruna Tsammani
2. Justice Stephen Adah
3. Justice Monsurat Bolaji-Yusuf
4. Justice Moses Ugo
5. Justice Abba Mohammed

In the tribunal, Chris Uche leads the legal team representing Atiku Abubakar, the candidate of the Peoples Democratic Party (PDP). Wole Olanipekun leads the legal team for Bola Tinubu, the former president-elect and candidate of the All Progressives Congress (APC), while Levi Uzoukwu heads the team for Peter Obi, the candidate of the Labour Party (LP).

Here are some key points about the tribunal, its proceedings, and what to expect:

1. Initially, five political parties, including the PDP, LP, Action Peoples Party (APP), Allied Peoples Movement (APM), and the Action Alliance (AA), filed separate petitions seeking to annul Tinubu’s victory.
2. Tinubu secured 8,794,726 votes in the election, defeating Atiku Abubakar of the PDP with 6,984,520 votes and Peter Obi of the LP with 6,101,533 votes.
3. During the pre-hearing session in May, the APP and AA withdrew their petitions.
4. Among the various issues raised, the petitioners argued that Tinubu and his vice-president, Kashim Shettima, were not eligible to contest the presidential election. They claimed that the president was indicted in the United States, that his academic certificates submitted to the Independent National Electoral Commission (INEC) were forged, and that Tinubu was a citizen of Guinea.
5. The petitioners also contended that since Tinubu failed to secure 25 percent of votes in the federal capital territory (FCT), he should not have been declared the winner.
6. On August 1, a five-member panel of the tribunal reserved judgment after hearing the final written arguments from counsels representing Atiku and Obi.
7. While the tribunal’s decision is not final, as either party can still appeal to the Supreme Court if dissatisfied, many consider that the tribunal’s decision will significantly influence the Supreme Court’s final verdict, whether in concurrence or disagreement.

In the eyes of many observers, the election petition tribunal has three possible outcomes:

1. Uphold the election result as initially declared by INEC.
2. Nullify the election and order a fresh one.
3. Reject the election result, remove the initially declared winner, and install the petitioner as the rightful winner.

If the tribunal determines that the election is invalid and orders a fresh election, INEC must conduct the new election within three months from the date of the judgment.

Should any of the petitioners or respondents remain dissatisfied with the tribunal’s judgment, they can further appeal to the Supreme Court, where the decision will be final.

Presidential election petitions are initially filed at the Court of Appeal.