INEC fighting proxy war for Tinubu on drug, dual citizenship allegations, Atiku tells tribunal
The presidential candidate of the People’s Democratic Party (PDP) in the last election, Atiku Abubakar, has accused the Independent National Electoral Commission (INEC) of fighting a proxy war for President-elect Bola Tinubu on the drug and dual citizenship allegations against him.
Atiku told the Presidential Election Petition Court (PEPC) that in so doing, the electoral body has abandoned its role as a neutral umpire.
Lead counsel to Atiku Chief Chris Uche, SAN, who was responding to the applications by INEC to dismiss his petition against the return of Bola Tinubu of the All Progressives Congress(APC) as the winner of the February 25 election and to strike out some certain paragraphs of the petition.
INEC had through its counsel at Friday’s proceedings, Mr Kemi Pinhero, SAN, moved a motion on notice praying the Court to strike out some of the allegations Atiku made against Tinubu in his petition.
The Commission specifically urged to strike out 32 allegations made against Tinubu by Atiku which among others, comprised forfeiture of $460, 000 in the United States, possession of Guinea’s Passport and Allegiance to foreign countries.
Atiku had in the petition challenged the declaration of Tinubu and the All Progressives Congress APC as the joint winner of the February 25 presidential election.
INEC said that the allegations which formed 32 paragraphs in the Atiku’s petition should be discountenanced by the court for various reasons comprising lack of jurisdiction.
But Atiku in a counter affidavit asked the court to dismiss the application on the grounds that INEC has no duty to defend Tinubu but to remain neutral and defend only allegations bordering on the conduct of the disputed election.
He argued that the electoral body has somersaulted by turning itself into a busybody and meddlesome interloper by taking up the defence of Tinubu against the provisions of the law.
The Senior lawyer maintained that the request of INEC in its defence of Tinubu is not only spurious, and strange but constituted a gross abuse of the court process in addition to lacking in merit.
Uche argued that all efforts by INEC to get fundamental averments against Tinubu should be treated as efforts in futility, vexatious and irritating and should not be allowed to hold.
“INEC ought not to be here to fight the battle of Tinubu, INEC ought to be neutral and at best, defend only the election it conducted and which is the subject of Alhaji Abubakar Atiku’s petition.
‘This application by INEC in support of Tinubu lacks merit. It is grossly incompetent and should be outrightly rejected and thrown to the dustbin.”
The senior lawyer asked the Court to dismiss INEC’s motion for being a gross abuse of court process, lacking in merit and grossly incompetent.
Meanwhile, the Presidential Election Petition Election Court has reserved rulings in applications by INEC, the president-elect, Bola Tinubu and the All Progressives Congress (APC), seeking the dismissal of the petition by Atiku Abubakar and the PDP.
INEC, Tinubu and the APC are praying the court either dismiss the petition in whole or some of its paragraphs and other accompanying processes filed by the petitioners for offending the provisions of the law.
After taking arguments from counsel to parties, Justice Tsammani announced that the rulings have been reserved to be delivered on the day of judgment in the main petition.
Those who moved the applications for INEC, Tinubu and APC are – Kemi Pinheiro, Yusuf Ali and Lateef Fagbemi (all Senior Advocates of Nigeria) prayed to the court to grant the reliefs in their applications, seven in all.
Counsel to the petitioners, Chris Uche, SAN, in counter-argument, urged the court to dismiss all the applications and proceed to hear his clients on merit.
Meanwhile, the court has adjourned further pre-hearing sessions in the petition till Saturday for parties to agree on the schedule to be adopted for the hearing of the petition.
The court has risen briefly, to resume shortly to commence further pre-hearing in the petition by Peter Obi and the Labour Party (LP).
Credit: The Sun