APC, Tinubu, others oppose consolidation of election petitions

By Vivian Okejeme, Abuja

The All Progressives Congress and it’s presidential candidate in the February 25, presidential election, Bola Tinubu, has opposed the issue of consolidating the petitions as raised by the Presidential Election Petition Court.

The court, had on May 18, disclosed its intention to consolidate all the petitions.

The Justice Haruna Tsammaniled five-member panel of the court said it was empowered by Paragraph 50 of the First Schedule to the Electoral Act, to merge all the petitions and determine them together.

It, therefore, gave counsel for all the petitioners the permission to consult their clients and report back to it with the outcome of the meeting.

Consequently, at the resumed proceedings on Monday, Tinubu’s lawyer argued that provision of the Electoral Act the court referred to, was not absolute.

Arguing through his counsel,Chief Akin Olujinmi, SAN, held 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, 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.

“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 equally seeking different reliefs.

Counsel to the Allied Peoples Movement, S. A Abubakar said the party will not be opposed to consolidation of the petition, while the INEC’s lawyer, said “We are neither in support or opposition but however, we leave it at the PEPC’s discretion. We are neutral on the issue” Pinhero said.

However, the Independent National Electoral Commission, INEC, said though it was not opposed to the proposed consolidation of the petition, it would leave the issue to the court’s discretion.

Aside from Alhaji Atiku Abubakar of the Peoples Democratic Party, PDP, who came second in the election, and Mr. Peter Obi of the Labour Party, LP, who came third, the Allied Peoples Movement, APM, equally lodged a petition to challenge the outcome of the presidential election.