APC and INEC have requested the court to invalidate Obi's petition challenging Tinubu's victory

The All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) issued statements on Monday, stating that the petition filed by

Labour Party (LP) presidential candidate Peter Obi before the Election Tribunal has no merit. The APC and the commission called for the election tribunal to dismiss Obi's petition, claiming that it is a waste of time.

 

The LP and Obi are contesting the victory of President-elect Bola Tinubu in the presidential election held on February 25, 2023. They have raised objections on various grounds, including alleged ineligibility and noncompliance.

 

In their separate responses submitted before the Presidential Election Petition Court (PEPC) on Monday, the APC and INEC urged the court to reject the petition as unmeritorious.

 

The APC's response, filed at the PEPC secretariat in Abuja by Thomas Ojo, a member of the party's legal team led by Lateef Fagbemi (SAN), faulted the petition on various grounds. The APC argued that Obi was not a valid member of the LP at the time of the election and that Atiku Abubakar and his party were excluded from the petition.

 

The APC challenged the petition's competence on the basis that Obi was a member of the Peoples Democratic Party (PDP) until May 24, 2022, when he was screened as the party's presidential aspirant in April 2023. The APC contended that Obi participated in PDP's screening exercise and was cleared to contest the presidential election as an aspirant.

 

The APC further argued that Obi resigned his membership of the PDP on May 26, 2022, and joined the Labour Party on May 27, 2022. However, the Labour Party conducted its presidential primary on May 30, 2022, which contravened Section 77(3) of the Electoral Act, making it impossible for Obi to contest the primary election as a member of the LP.

 

According to the APC, the Labour Party was mandated to submit its comprehensive register of members to INEC 30 days before its presidential primary, which should have been on or before April 30, 2022. However, as of April 30, 2022, Obi was still a member of the PDP, and his name was not on the register of members submitted by the Labour Party to INEC.

 

The APC also raised concerns about the exclusion of Atiku Abubakar and his party from the petition, given that Obi and the Labour Party had admitted that the PDP candidate came second in the election. The APC argued that it would amount to a violation of Atiku's right to a fair hearing if the court granted Obi's relief to declare him the winner and void Atiku's votes without hearing him.

 

INEC, on the other hand, argued that it conducted the election in full compliance with relevant laws, contrary to Obi and his party's claim. INEC challenged the petitioners to provide evidence to prove their claims.