From Godwin Tsa, Abuja

For the second consecutive time, the Presidential Election Petition Court (PEPC), has adjourned proceedings on the petition the Allied Peoples Movement (APM), filed to challenge the result of the 2023 presidential election till Friday, June 9, 2023.
The adjournment was necessitated by the inability of the petitioner and counsel to the respondents to obtain a copy of the Supreme Court judgment, which dismissed an appeal by the Peoples Democratic Party(PDP) on the alleged double nomination of the vice president, Kashim Shettima, which is a main ground in the APM’s petition.

At the last adjourned date, the Justice Haruna Tsammani-led five-member panel adjourned APM’s petition to yesterday (Friday) after its attention was drawn to the said judgment of the apex court.
Lead counsel to Tinubu, Wole Olanipekun, SAN, had during the proceedings, informed the court that the Supreme Court had dismissed an appeal the PDP filed to challenge Tinubu’s eligibility to contest the presidential election that held on February 25.
Olanipekun, emphasized that the only ground the APM canvassed in its petition, was the fact that the Vice President, Kashim Shettima, had double nominations, prior to the presidential election.
While maintaining that the issue had been settled by the Supreme Court, Olanipekun submitted: “As officers of this court, it behoves us to assist the court in all circumstances and also bring to the attention of yours lordships, decisions of courts, even from other jurisdictions, which relate to any matter pending before yours lordships.

“Even if those decisions do not necessarily align with the interest of out clients. If becomes more imperative if we are aware or abreast of any decision of the Supreme Court which touches on matters within the proceedings before your lordships.

“In this wise my lords, this particular petition which has just been called in respect of which the sole issue that is being ventilated is the nomination of the 1st Respondent who we represent.

“We are aware that the Supreme Court gave a judgement on the issue on Friday, May 23, in respect of appeal No: SC/CV/501/2023, and the parties involved were PDP Vs INEC& 3 Ors, where the apex court considered all the issues and resolved them.

We promise that within next two days, certified true copies of the judgement will be made available.

“We will also confirm from the petitioners, whether in the light of the Supreme Court decision, there will still be the need to continue with this petition,” he added.

In his response, counsel for the APM, Mr. S.A.T. Abubakar, sought for an adjournment to enable him to obtain and study the said Supreme Court judgement.

He said: “My lords, based on the submissions of the learned silk, we shall be praying this court, on behalf of the petitioner, to adjourn the hearing of this petition to enable us to apply to the Supreme Court for a copy of the judgement referred to.

“This is to enable us to examine it to know the effect it has on our petition.

However my lords, we shall be praying for the petition to be adjourned till Friday,” the petitioner’s lawyer added.

Both counsel for the Independent National Electoral Commission, INEC, Mr. Abubakar Mahmood, SAN, and that of the APC, Prince Lateef Fagbemi, SAN, said they were not opposed to the request for an adjournment.

“My lords, we agree with the petitioners that they need time. I have no objection to their application for an adjournment,” Fagbemi, SAN added.

The 4th Respondent, Mr. Ibrahim Masari, through his counsel, Mr. Roland Otaru, SAN, did not oppose the application.

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Consequently, the Justice Tsammani-led panel adjourned further proceedings on the petition till Friday.

However, when proceedings resumed yesterday (Friday), the APM through its new counsel, Yakubu Maikasua informed the court about his inability to obtain a copy of the said Supreme Court judgment and sought for a further adjournment to enable him get a copy of the judgment.

His words: “This petition was adjourned today to enable us take a decision. We are not able to obtain a copy of the judgment, so we are not in a position to a stand on the status of our petition.

” All the respondents have agreed to come back on Friday next week, subject to the convenience of the court,” Maikasua reported.

Responding all the counsel to the respondents- Kemi Pinheiro (SAN), for INEC, Akin Olujinmi (SAN), for president Tinibu and Shettima and Lateef Fagbemi (SAN), for APC, all confirmed the development.

Subsequently, Justice Tsammani announced that hearing in the petition be further adjourn to Friday, June 9.

The APM had in its petition marked: CA/PEPC/04/2023, contended that the withdrawal of Mr. Masari who was initially nominated as the Vice-Presidential candidate of the All Progressives Congress, APC, invalidated Tinubu’s candidacy in view of Section 131(c) and 142 of the 1999 Constitution, as amended.

The party argued that there was a gap of about three weeks between the period that Masari, who was listed as the 5th Respondent in the petition, expressed intention to withdraw, the actual withdrawal of his purported nomination, and the time Tinubu purportedly replaced him with Senator Kashim Shettima.

It further argued that Tinubu’s candidature had elapsed as at the time he nominated Shettima as Masari’s replacement.

According to the petitioner, as at the time Tinubu announced Shettima as the Vice Presidential candidate, “he was no longer in a position, constitutionally, to nominate a running mate since he had ceased to be a presidential candidate of the 2nd Respondent having regards to the provisions of section 142 of the 1999 Constitution”.

More so, APM, contended that Masari’s initial nomination activated the joint ticket principle enshrined in the Constitution, stressing that his subsequent withdrawal invalidated the said joint ticket.

, therefore, prayed the court to declare that Shettima was not qualified to contest as the Vice-Presidential candidate of the APC as at February 25 when the election was conducted by INEC having violated the provisions the of Section 35 of the Electoral Act, 2022.

“An order nullifying and voiding all the votes scored by Tinubu in the presidential election in view of his non-qualification as a candidate of the APC”.

Likewise, an order to set aside the Certificate of Return that was issued to the President by the Independent National Electoral Commission, INEC.