Legal fireworks are gathering momentum and signs that tables would be shaken and temperature of litigants may rise emerged on Tuesday at the Presidential Election Petition Tribunal on Tuesday when the petition of the main opposition party in the 2023 general elections, the Peoples Democratic Party (PDP) was called. Signs of what to expect showed
Legal fireworks are gathering momentum and signs that tables would be shaken and temperature of litigants may rise emerged on Tuesday at the Presidential Election Petition Tribunal on Tuesday when the petition of the main opposition party in the 2023 general elections, the Peoples Democratic Party (PDP) was called.
Signs of what to expect showed early when Chief Chris Uche the lead counsel to Alhaji Atiku Abubakar and the PDP while announcing appearance for the petitioners mentioned the names of all the Senior Advocates of Nigeria on the team and sought to announce five other lawyers.
The Presiding judge, Justice Haruna Tsammani, drew the attention of the the silk to an earlier agreement to call only three junior lawyers for court records, a position Chief Uche tried to advance arguments to change.
But Justice Tsammani insisted it must be three. His words:” we have agreed on three, let us take three. Agreement is agreement”.
The dust raised by that position had hardly settled down when Chief Uche while informing the court that he had filed answers to the questions contained in the pre- hearing information sheet announced that he had also filed a motion on notice.
“It is an innocuous and neutral application ” , he said stressing the the motion seeks approval for televised coverage of the Presidential Election Petitions Tribunal.
Counsel to the Independent National Electoral Commission ( INEC) Mr. A.B Mahmoud informed the court that he had filed his response on 2nd May,2023 and sought to adopt it.
Reacting to Chief Uche’s motion on notice, the INEC counsel said :” Live coverage of the proceedings which he (Uche) tagged innocuous, we were served yesterday. We want to take instructions from our client. I will not make further comment”.
Chief Akin Olujinmi, counsel to Senator Tinubu Bola Ahmed, said he had filed answers to the questions in the pre – hearing information sheet on 3rd of May this year.
He informed the tribunal that he would be bringing some applications to strike out or dismiss the petition.
Speaking on Chief Uche’s motion notice, Chief Olujinmi said:” we were served yesterday in the court room. We are taking steps to respond appropriately within the time permitted by the rules of this court”.
Counsel to the All Progressives Congress ( APC), Chief Lateef Fagbemi said APC has filed answers to questions in the pre -hearing sheet. “We gave indication in paragraph 14 of the answer that we would and in fact we have filed application challenging the competence of the petition and consequently want the tribunal to dismiss it and two strike it out”, he said, adding that, what Chief Uche called innocuous was received in court yesterday.
“He will hear from us within the time allowed by the Rules of the court” he promised.
Responding, Chief Uche complained that he has not been served all the applications mentioned by the respondents said in the spirit of cooperation he was ready to be served with the applicants in court.
“We pray parties will not insist on the maximum time since the essence of the pre -hearing session is to abridge and streamline issues”.
Justice Tsammani while adjourning for the continuation of the pre -hearing session to May 11th,2023 said parties should file all pending replies, meet on documents they want to accept or object and issues to be considered in the petition.
Also on Tuesday the Presidential Election Petitions Tribunal heard the petition filed by the Allied Peoples’ Movement ( APM) against INEC,APC, Senator Bola Ahmed Tinubu, Senator Kashim Shettima and Alhaji Kabiru Masari.
APM was represented by Mr. OM Atoyebi,Esq,A.B. Mahmoud,SAN led the INEC team, Chief Lateef Fagbemi led APC legal team, Chief Akin Olujinmi for Senator Tinubu and Senator Shettima while Chief Gani Aliyu represented Alhaji Masari.
Counsel to all the parties said they had filed answers to the questions contained in the pre -hearing sheet and have applications to move at the conveniences of the court.
The Presiding judge while adjourning to Thursday, May 11,2023,directed all the parties to consider the witnesses they want to call issues,issues to be drawn and responses to the various applications.
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