Tribunal rejects Tinubu, APC’s bid to stop APM’s petition

The Presidential Election Petitions Court has refused the applications of President Bola Ahmed Tinubu and the All Progressives Congress (APC) to dismiss the petition by the Allied People’s Movement (APM) challenging the February 25 presidential election. A five-member panel presided by Justice Haruna Tsammani yesterday held that dismissing the petition would offend the fair hearing […]

The Presidential Election Petitions Court has refused the applications of President Bola Ahmed Tinubu and the All Progressives Congress (APC) to dismiss the petition by the Allied People’s Movement (APM) challenging the February 25 presidential election.

A five-member panel presided by Justice Haruna Tsammani yesterday held that dismissing the petition would offend the fair hearing principle against the party.

APM and its presidential candidate, Chichi Ojei, had filed the petition based on the sole issue of Tinubu’s non-qualification to participate in the election over the alleged double nomination of his running mate, Kashim Shettima.

But Tinubu’s lead counsel, Wole Olanipekun (SAN), had cited the Supreme Court judgment on May 26 in a related suit by the PDP, which dismissed the suit on the grounds of lack of locus standi.

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How presidential election results failed to upload to IREV – INEC officers

However, three presiding officers of the Independent National Electoral Commission (INEC) have told the Presidential Election Petition Court how results could not be transmitted to IREV in real time during the February 25 presidential election.

The three witnesses are Janet Nuhu Turaki, Christopher Bulus Ardo and Victoria Sani who served as INEC’S presiding officers at Yobe, Bauchi and Katsina states respectively.

Led in evidence by counsel to the Peoples Democratic Party (PDP) and Atiku Abubakar, Eyitayo Jegede (SAN), on Monday, Turaki testified that the process of the election was smooth until the point of transmission of the results.

She also informed the court that the collated results in the forms EC8A were signed by the party agents and herself as INEC’s presiding officer.

Ardo testified that results of the Senate and the House of Representatives elections, held on the same day, were transmitted unhindered only to have technical hitches at the point of  transmitting only the presidential poll results.

For her part, Sani said she could not remember the candidate who won the presidential poll in Katsina State but insisted that all did not end well due to inability to transmit the presidential aspect of the February 25 election.

The court has adjourned the petition until June 20 for continuation of hearing.

Amazon witness says no server ‘technical glitches’

But an Amazon Web Service (AWS) witness of the Labour Party and its presidential candidate, Peter Obi, has told the Presidential Election Petitions Court that their servers were never affected with technical glitches during the February 25 presidential election.

The Independent National Electoral Commission (INEC) had in its defence to the petition by the LP and Obi contended that there were http 500 and technical glitches on the day of the election. 

But Clarita Ogar, who is a cloud engineer and architect with the AWS, testified that the last time any of its servers had an issue was in 2021, maintaining that the AWS data warehouse via cloud computing technology is accessible.

Ogar tendered her subpoena, resume, employment verification and the 33 reports of the AWS health status in six regions of the world where the company hosts services as well as a certificate of compliance.

However, counsel to INEC, Abubakar Mahmoud (SAN); President Bola Tinubu, Wole Olanipekun (SAN) and the APC, Charles Edomsomwan (SAN) all objected to the admissibility of her evidence.

The five-member panel of justices presided by Justice Haruna Tsammani admitted the exhibits and fixed Tuesday for the cross examination of the witness.

 Meanwhile, LP lawyers, Livy Uzoukwu (SAN) and Jibrin Okutepa (SAN) have complained of the failure of INEC to provide them materials requested and respond to their subpoena.

They submitted that they only have one week to complete their petition and INEC has frustrated their efforts to obtain relevant documents used for the election.

Okutepa said the IREV reports signed on May 29 were only served on Monday and for only a few local governments in Lagos and Gombe states. 

But counsel to INEC, Mahmoud, said they have only received subpoenas for witnesses and not for INEC, adding that the LP lawyers may not be following the proper processes.

The presiding justice charged the lawyers to cooperate as the court was interested in doing justice in the matter and in the interest of the nation.