PEPC struck out parts of Obi petition for being vague, testimonies of ten witness
BY ANDREW OROLUA
The Presidential Election Petition Court (PEPC) has struck out about 17 paragraphs of the petition by Peter Obi and his Labour Party (LP) including the testimonies of ten out of 13 witnesses.
PEPC ruled that the paragraphs of the petition are vague and generic allegations.
In a ruling on some motions filed by Independent National Electoral Commission (INEC)President Tinubu, and the All Progressive Congress (APC) to Obi and Labour Party (LP) petition, the court held that in the affected paragraphs, the petitioners made allegations of malpractices and irregularities in the conduct of the election, but failed to provide specific details in support of the allegations.
A member of the panel, Justice Abba Mohammed who delivered the lead ruling on preliminary objections filed by the respondents against Peter Obi’s petition upheld the Respondents’ contention that Obi’s petition alleged widespread irregularities without specifying the affected polling units.
The court said petitioners claimed that false election results were submitted without specifying which polling units were impacted.
He said that the petitioner alleged over voting and rigging but did not specify the polling units, adding that the petitioners only made generic allegations.
According to the court, petitioners allege irregularities and say they will use spreadsheets, inspection reports, and forensic analysis as evidence in the trial.
But he says the documents promised by the petitioners were not attached to the petition and served on the respondents.
The Justice also ruled that Obi and the Labour Party did not adequately detail their allegations of corrupt practices, vote suppression, fictitious results, and other irregularities in their pleadings.
The court noted, for instance, that the petitioners failed to show which polling units the alleged malpractices occurred; the number of votes affected; and their polling unit agents who reported the alleged irregularities and malpractices, among others.
However, the court rejected the respondents’ argument that Obi was not a member of the LP at the time of the election, noting that membership is an internal affair of a political party and it has the sole power to determine who its members are.
The court added that it did not lie with the respondents to question Obi’s membership of the LP.
The court also faulted the contention that Atiku Abubakar and the Peoples Democratic Party (PDP), who came second in the election, were necessary parties that ought to be joined in the petition.
According to the court ,”Respondents to the election petition are the electoral body that conducted the election and the winner, not the loser.”
The court agreed with respondents that the averments in a pleading must be specific and not general.
In other words, The Labour Party have not hit the nail on the head in proving their petition, stating that only material facts must be pleaded showing the Petitioners claims.
“The Law is very clear that where someone alleged irregularities in a particular poling unit, such person must prove the particular irregularities in that poling unit for him to succeed in his petition, said the Tribunal.
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On allegations of corrupt practices, the Tribunal stated that it is not every allegation of corruption that is regarded as corrupt practices.
In his ruling, presiding Justice Haruna Tsammani rejected the European Union report as secondary evidence not certified true copy and ruled that it is inadmissible.
He said that the Data analysis report presented by LP witness and evidence of the party expert witness were inadmissible as the witnesses were interested persons in the matter.
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