In a recent development, Alhaji Atiku Abubakar, the former Vice President and candidate of the Peoples Democratic Party (PDP), expressed his lack of concern over the scheduled inauguration of President-elect Asiwaju Bola Tinubu on May 29. Atiku, who is currently challenging Tinubu’s victory in the presidential election held on February 25, firmly believes that he will reclaim his mandate through the judicial process.
Atiku’s lead counsel, Chief Chris Uche, SAN, spoke on his behalf after the consolidation of his petition with those filed by Mr. Peter Obi of the Labour Party and the Allied Peoples Movement (APM). Atiku emphasized that the court possesses the authority to remove Tinubu from office, even after his swearing-in ceremony. While the full hearing on the merged petitions is scheduled to commence on May 30, one day after Tinubu’s inauguration as President, Atiku’s legal team remains confident in their prospects.
Responding to concerns about the May 29 swearing-in ceremony, Atiku’s lawyer, Chief Uche, SAN, stated, “I want to assure people that swearing-in is only a ceremony that does not in any way tie the hands of the court. The taking of oath binds the person who takes the oath and not the court.” He further expressed satisfaction with the court’s timeline for presenting the case, ensuring a prompt resolution of the petitions.
Earlier this week, Justice Haruna Tsammani, leading a five-member panel, approved Atiku’s request for three weeks to present evidence and call upon 100 witnesses. In their joint petition with the PDP, labeled CA/PEPC/05/2023, Atiku asserted that Tinubu’s declaration as the winner of the presidential election was invalid due to non-compliance with the provisions of the Electoral Act, 2022. Atiku also alleged that Tinubu’s election was tainted by corrupt practices.
Apart from seeking a declaration as the winner of the presidential election based on securing the second-highest number of votes, Atiku and the PDP applied for the withdrawal of Tinubu’s Certificate of Return, which had already been issued by the Independent National Electoral Commission (INEC).
Meanwhile, President-elect Tinubu has instructed his legal team to refrain from speaking to the press during the hearings of the petitions aimed at nullifying his election victory. Chief Niyi Akintola, SAN, who represented the All Progressives Congress (APC), disclosed this in open court following a suggestion from the panel to prohibit lawyers and members of the public from bringing mobile phones and other electronic devices into the courtroom to enhance security and preserve the sanctity of the proceedings.
Chief Akintola, SAN, stated, “My lords, that is why those of us representing the 2nd and 3rd respondents (Tinubu and APC) are acting on strict instructions. We have taken a decision not to talk to the press. We have 38 SANs in our team, and the penalty for anyone who goes against the instruction and speaks to the press after every proceeding is expulsion from the team.”
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