From Godwin Tsa, Abuja
President–elect, Bola Tinubu and the APC have opposed the proposal by PEPC to consolidate the three petitions challenging the conduct and outcome of the February 25 election.
Chairman of the five-member panel of the election court, Justice Haruna Tsammani had last Saturday mooted the idea to consolidate the remaining petitions in line with the provisions of paragraph 50 to the First Scheduled to the Electoral Act, 2022.
The Paragraph states: “Where two or more petitions are presented in relation to the same election or return, all the petitions shall be consolidated, considered and be dealt with as one petition unless the tribunal or court shall otherwise direct in order to do justice or an objection against one or more of the petitions has been upheld by the tribunal or court.”
However, counsel to parties sought time to consult with their respective clients and report back to court on the issue.
But when the issue was raised by the court shortly after conducting proceedings in the petition filed by Allied Peoples’ Movement(APM), it attracted divergent responses from parties to the petitions.
While Counsel to APM, Shehu Abubakar said he was not opposed to the consolidation of the petitions, the Independent National Electoral Commission(INEC), through its counsel, Kemi Pinhero said it would maintain a neutral position and leave it to the discretion of the court.
On their part, Tinubu, APC and Kabiru Masari vehemently opposed the proposal on the grounds that it would among other reasons, affect the court in arriving at the substantial justice of the case.
Specifically, counsel to Tinubu, Akin Olujinmi, urged the court not to consolidate the petitions.
He argued that consolidating the suit would undermine the “interest of justice.”
“The interest of justice in these petitions should be a restraint on the power of this court in granting a consolidation of these petitions,” he said during the pre-hearing session of the APM’s petition.
While conceding that some of the petitioners’ prayers were similar, he said “some issues are not the same
“The counsel representing the petitioners and respondents are different and the grounds of the petitions are different. It will be overreaching for the respondents if consolidation is granted. We most humbly urge my Lords not to grant consolidation,” Olujinmi said.
In a similar position, counsel to APC, Charles Uwensuyi-Edosomwan, said consolidating the petitions would be “unwieldy.”
“We are opposing the consolidation of the petitions. The interest of justice will not be served by a consolidation of all of these petitions,” he said.
He further submitted that “The trial of the petitions will be unwieldy, and the substance of the case will be lost.”
However, counsel to the Independent National Electoral Commission (INEC), Kemi Pinheiro, neither supported nor objected to the call for consolidation of the petitions.
In his part, counsel to APM, Shehu Abubakar, did not object to the consolidation of the petitions.
Meanwhile, the court has scheduled ruling for 10am today on whether or not to consolidate the three petitions by Atiku Abubakar and PDP; Peter Obi and LP and APM.
APM to call 1 witness to prove petition
APM has said it would call one witness to testify in its petition at PEPC.
The party said it would need three days for the witness to testify.
Reporting to the court on the agreed streamlining of witnesses, counsel to APM, Shehu Abubakar, said the star witness would take 20 minutes to give the evidence-in-chief while cross examination would be for 25 minutes and re-examination would be done in five minutes.
Abubakar said documents that would be relied on by each party had been exchanged between the parties.
Counsel to the Independent National Electoral Commission, (INEC) said the electoral body was not invited for the meeting between petitioner and the respondents.
He said that the commission had only one witness for this petition and would need one day to prove its case.
The APC said it agreed substantially with the report of the petitioner adding that it would need five days to call one witness for this petition.
Counsel for Tinubu and Shettima, Mr Akin Olujimi, said he would be calling three witnesses with two to be subpoenaed.
He added that he would need four days to put in his defence.
In terms of cross examination of the star witness, he said he would need 25 minutes to do so.
Counsel to the fifth defendant, Mr. Kabiru Masari’s told the court that he would call one witness and would need one day to state his defence.
The court fixed today to deliver its ruling on the matter.