Breaking: PEPC Rejects Request for Live Coverage of Petitions

The Presidential Election Petition Court, PEPC, sitting in Abuja, on Monday, rejected request to allow its day-to-day proceedings on petitions seeking to nullify the outcome of the 2023 presidential election, to be televised.

NaijaNews reports that the Justice Haruna Tsammani-led five member panel dismissed as lacking in merit, the application which was brought before it by the two major candidates that are challenging the outcome of the presidential election that held on February 25.

The court held that no regulatory framework or policy direction, permitted it to grant such application.

It held that allowing cameras in the court room is a major judicial policy that must be supported by the law.

“The court can only be guided and act in accordance with the practice directions and procedures approved by the President of the Court of Appeal.

“We cannot permit a situation that may lead to dramatization of our proceedings,” Justice Tsammani held.

Besides, the court held that the request was not part of any relief in the petitions before it, saying it was merely hinged on sentimental claim that it would benefit the electorates.

It maintained that the petitioners failed to establish how televising the proceedings would advance their case, adding that such live broadcast would not have any utilitarian value to add to the determination of the petitions.

Whereas it was a former Vice President and candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar, who came second in the election, that initially made the request for a live coverage, subsequently, candidate of the Labour Party, Mr. Peter Obi, threw his weight behind the demand for live broadcast of proceedings of the court on the petitions.

The duo, through their lead lawyers, Chief Chris Uche, SAN, and Dr. Livy Uzoukwu, SAN, maintained that petitions they lodged to query the declaration of the candidate of the ruling All Progressives Congress, APC, Asiwaju Bola Tinubu, as winner of the election, was “a matter of monumental national concern and public interest”.

They argued that the case involved the interest of citizens and electorates in the 36 States of the Federation and the Federal Capital Territory, Abuja, who he said voted and participated in the presidential poll.

Atiku and the PDP insisted that their case against Tinubu, being a unique electoral dispute with a peculiar constitutional dimension, they said it was a matter of public interest in which millions of Nigerian citizens and voters are stakeholders, with the constitutional right to be part of the proceedings.

They specifically applied for; “An order, directing the Court’s Registry and the parties on modalities for admission of Media Practitioners and their Equipments into the courtroom”.

“With the huge and tremendous technological advances and developments in Nigeria and beyond, including the current trend by this Honourable Court towards embracing electronic procedures, virtual hearing and electronic filing, a departure from the Rules to allow a regulated televising of the proceedings in this matter is in consonance with the maxim that justice must not only be done, but must be seen to be done.

25% Saga: Court Asked to Extend Buhari’ s Tenure, Stop Tinubu’s Inauguration

The Federal High Court sitting in Abuja has been asked to bar the Chief Justice of Nigeria, Justice Olukayode Ariwoola, from swearing in the President-elect, Bola Tinubu, on May 29 pending the determination of whether it is compulsory for the winner in a presidential election to get 25% of votes in the FCT. NaijaNews reports.

The suit was filed by Messrs. Anyaegbunam Okoye, David Adzer, Jeffery Ucheh, Osang Paul, and Chibuike Nwachukwu.

Describing themselves as registered voters of the FCT, Abuja, they alleged it was unconstitutional for Tinubu to be declared the winner of the February 25 election despite failing to score 25 percent of the votes in the FCT.

The relief sought includes:
“A declaration that no state of the country is at the same time the FCT for any proposal whatsoever, including, in particular, under Section 134 (2) (b) of the Constitution.

“A declaration that no candidate in the February 25 presidential election in the country may validly be declared elected President of the Federal Republic of Nigeria without that candidate obtaining at least 25% of the votes cast in the FCT, Abuja.

“A declaration that no candidate in the February 25 presidential election may validly be sworn in as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria without such candidate having obtained 25% of the votes in the FCT, Abuja.

“A declaration that following the February 25 presidential election and until a successor is determined in accordance with the provisions of the Constitution and sworn in, the term of office of his Excellency, Muhammadu Buhari, GCON, as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria subsists and endures in accordance with the provisions of Section 135 (1) (a) of the Constitution”.

“An order setting aside or suspending any declaration and/or issuance of a Certificate of Return to any candidate in the February 25 presidential election in the country as having been elected, save and except it is judicially determined with finality that such candidate fulfilled the conditions stated in Section 134(2)(b) of the Constitution.”

This is the second suit against Tinubu’s swearing-in.

There is a pending suit at the Court of Appeal seeking orders barring the scheduled swearing-in.

These suits were filed despite the inauguration of the Presidential Election Petitions Court to preside over the fallout of the 2023 presidential poll.

The FCT question also forms the major ground in the petitions of the Labour Party and the People’s Democratic Party against Tinubu and INEC.

The Tribunal is vested with jurisdiction in post-election-related cases.

A fresh suit seeks to stop Tinubu’s swearing-in on May 29.

NaijaNews reports that barely 17 days to the scheduled swearing in of the President-elect, Asiwaju Bola Tinubu, five residents of the Federal Capital Territory, FCT, Abuja, have approached the Abuja Division of the Federal High Court for an order to halt the ceremony.

The plaintiffs, in the suit marked: FHC/ABJ/CS/578/2023, applied for an order restraining the Chief Justice of Nigeria, Justice Olukayode Ariwoola, any other judicial officer, and/or any other authority or person from swearing in any candidate in the February 25 presidential election as President or Vice President of the Federal Republic of Nigeria, until it is judicially determined with finality or in accordance with the provisions of the Constitution that such candidate has fulfilled the requirement of Section 134(2) (b) of the Constitution.

They further want a declaration that “the plaintiffs and other FCT residents have a legal interest and constitutional rights to be heard on the question of whether a President-elect must secure at least 25% of votes cast on the first ballot in the FCT, Abuja.”

“A declaration that no state of the country is at the same time the FCT for any proposal whatsoever, including, in particular, under Section 134 (2) (b) of the Constitution.

“A declaration that no candidate in the February 25 presidential election in the country may validly be declared elected President of the Federal Republic of Nigeria without that candidate obtaining at least 25% of the votes cast in the FCT, Abuja.

“A declaration that no candidate in the February 25 presidential election may validly be sworn in as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria without such candidate having obtained 25% of the votes in the FCT, Abuja.

“A declaration that following the February 25 presidential election and until a successor is determined in accordance with the provisions of the Constitution and sworn in, the term of office of his Excellency, Muhammadu Buhari, GCON, as President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria subsists and endures in accordance with the provisions of Section 135 (1) (a) of the Constitution”.

As well as “an order setting aside or suspending any declaration and/or issuance of a Certificate of a Return to any candidate in the February 25 presidential election in the country as having been elected, save and except it is judicially determined with finality that such candidate fulfilled the conditions stated in Section 134(2)(b) of the Constitution.