Phypha Accounting and Allied Services

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06/09/2023

One of the five justices, Abba Mohammed, reads the ruling on preliminary objections filed by the respondents against Peter Obi's petition.

- Respondents contend that Obi's petition alleged widespread irregularities without specifying the affected polling units.

- The petition claimed that false election results were submitted without specifying which polling units were impacted.

- The petition alleged overvoting and rigging but did not specify the polling units.

The petitioners only made generic allegations, Justice Mohammed says.

- The petitioners allege irregularities and 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 Labour Party alleged that INEC reduced their scores and added them to APC votes but failed to supply particulars of what they actually scored before the said reductions, nor did they supply the polling units where it happened...."

On Obi’s membership of LP which was being contested by the respondents citing that Obi was still a PDP member

Court has said Obi and LP certified the provisions of Obi being a member

The ground of rejection of Obi as a member of LP is overruled

“Pleading must set out material facts and particulars. In the instant petition, there was no effort to prove specific allegations, particulars of complaints,” the Tribunal ruled on Wednesday in Abuja.
The law is clear that where someone alleges irregularities in a particular polling unit, such person must prove the particular irregularities in that polling unit before that petition can succeed, the Tribunal added.

According to the Tribunal, the petitioners did not prove the particular polling units where the election did not take place nor did they specify particulars of polling units where there are alleged complainants of irregularities.

The presidential election court also rejected the reports of forensic analyses tendered by the three witnesses of the Labour Party for either being made during the pendency of the case or made by an interested party who would benefit from the outcome of the petitions.

Mr Tsammani upholds respondents' objection to the admissibility of evidence tendered by Mr Obi's web engineer, Mpeh Ogar, regarding a technical glitch observed on INEC Results Viewing portal on the election day.
The judge held that Ms Ogar was an interested party in the petition having vied for elective office at the polls on the platform of the Labour.

The court also rejects the European Union report on the 25 February presidential election on the grounds that they were not tendered by an official of the body which is the author and has the custody of the document.

The court says the issue of blurred 18,000 results sheets alleged by the petitioners is misconceived as they were unable to state the specific polling units they were meant for.

Tribunal Dismissed Petition of Peter Obi/LP on 25% of FCT required to wins Presidential election, the court rule that FCT Citizens Doesn’t enjoy special privileges ahead of other States.

On the tendering of Tinubu’s academic record from the Chicago State University and the US embassy letter to the Nigerian police clearing Mr Tinubu of any criminal record in the US, the court dismisses Mr Obi's objections to the admissibility of the documents.

The case relied on by Labour party is a civil forfeiture and not criminal within the contemplation of Section 137 of the Constitution. The Petition failed to prove that was charged, tried or convicted in the United States record of criminal arrest or conviction was established against Tinubu by the petitioners.

On the fine of $460,000 Drugs Case
“Tribunal has ruled that the sentence of crime for any offence involving dishonesty or fraud from section 37(d) has to be a criminal offence and Peter Obi/LP failed to provide evidence that forfeiture is criminal while the respondents proved it was not criminal”

Forfeiture against fund is in rem and not in personam and not based on criminal conviction.

The PEPT ruled section 137(d) and (e) together, which means, after 10 years, whatever crime the candidate would have committed is no longer relevant against him or her in running for an office.

The court dismisses the second issue of non-transmission of result sheets to IReV.
The court holds that there is no law that says INEC must mandatorily transfer or transmit the results of the election from the polling units electronically. It says the law empowers INEC to decide the means of collation of the results of elections in Nigeria.

INEC At Liberty To Define Mode Of Transmitting Election Results, Tribunal Rules. there was nowhere in law where INEC was only required to transmit results by electronic means.
The defendant is at liberty to decide how it would transmit election results, the court held.
It further held that there is no requirement for INEC to electronically transmit the results of the election. It says the law empowers INEC to decide the means of collation of the results of elections in Nigeria.

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HOUSE 7, WINNERS Estate, OFF OBA ELEMORO PALACE ROAD, ELEMOR, IBEJU, LAGOS
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