Nigeria’s President-elect Ahmed Tinubu and his political party, the All Progressives Congress (APC), have opposed the intention of the Presidential Elections Petition Court (PEPC) to consolidate the three petitions before it, challenging the outcome of the 2023 Presidential Election.
At a resumed meeting on Monday, Tinubu and the APC argued their opposition to consolidate the election petitions.
At the last adjourned date, Saturday May 20th, the court indicated the intention to consolidate the three different petitions that are challenging the outcome of the 2023 Presidential Election in Nigeria.
The court said that it was empowered by the Electoral Act to merge similar petitions and determine them together, as counsels say they will consult with their clients.
Counsel to Tinubu, Mr. Akin Olujinmi SAN, said that merging all the petitions would adversely affect his ability to effectively defend all the issues that were raised against him by the petitioners.
“My lords, the issue of justice should be a restraint on the power of this court to exercise its discretion in granting the order for consolidation,” Tinubu pleaded, stressing that the petitioners did not only raise various issues against him, but are equally seeking different reliefs.
He argued that provision of the Electoral Act the court, referred to, was not absolute:
“My lords, when the exercise of power is subject to limitation of some conditions, then it cannot be said that the exercise is mandatory.
“There are issues raised in one petition that are not there in others. The issues vary. The same goes for evidential issues that are based on pleadings that have been exchanged by parties in this case.”
Olujinmi urged the court not to consolidate the petitions.
Also, counsel for the APC, Mr. Charles Edosomwam SAN, argued that consolidating the petitions would be against the interest of justice and his client.
“The justice factor is a major issue for consideration before your lordships can arrive at a just conclusion of these matters.
“The grounds are different and the range of issues raised by parties are also different.
“The trial will be unwindy and major issues before this court would be lost like a pin in a haystack,” he said.
On his part, counsel to the Independent National Electoral Commission (INEC), Mr. Kemi Pinhero SAN, said though it was not opposed to the proposed consolidation of the petition, it would leave the issue to the court’s discretion.
Meanwhile, the Allied People’s Movement (APM) through its counsel, S. H Abubakar, expressed support for the consolidation of the Election Petitions, adding that he will present one witness against President-elect Ahmed Tinubu.
After listening to all counsels, Justice Haruna Tsamani adjourned to Tuesday, 23rd May for the presentation of its pre-hearing report on the petitions.
