The ongoing Presidential Election Tribunal has struck out Mr. Peter Obi, and Labour Party’s allegations of irregularities and corrupt practices leveled against the election that produced Bola Ahmed Tinubu.
The court ruling in the preliminary objection held that the affected paragraphs were “vague, imprecise, nebulous and failed to meet the requirements of pleadings”.
The judgement posited that Mr Obi and his party failed to mention the number of lawful votes they scored and the number of the unlawful votes recorded by the electoral body.
The ruling read by Justice Abba Mohammed, insisted that the petitioners failed to establish the polling units or wards were irregularities, corrupt practices and manipulation of results were carried out.
Justice Mohammed explained that “averments” must not leave room for confusion or ambiguity, adding that the aim of pleadings is to avail respondents of the facts of the case so as to prepare adequately.
Mohammed held that, “petitioners failed to specify polling units where anomalies occurred or where agents complained of alleged malpractices and irregularities.
“According to the ruling in a case of alleged malpractices in over 500 polling units, it does not suffice for the petitioners to say some polling units or collation centers without being specific.
“Averments must not be general but specific.”
Further in the ruling, the panel noted the total of over 18, 000 polling units where the petitioners alleged that INEC uploaded “blurred results ” unto the INEC Results Viewing (IReV) Portals, not one polling units was cited.
“They did not specify polling units where election results were not uploaded” or where scores attributed to them was reduced or added to Tinubu”.
“They did not show the majority of votes they claimed they had scored “, the tribunal held, adding that petitioners only make generic allegations of irregularities and malpractices.
Mohammed further faulted the petitioners for relying on a spreadsheet analysis, inspection results and experts reports, adding that such documents ought to be served on the respondents to enable them do their own analysis and respond accordingly.
“The spreadsheet report, inspection results and experts reports were not served but only listed as documents to be relied on in adjudicating the petition”, the court held.
“It is unimaginable that a petitioner will allege widespread rigging in 176,000 Polling units, over 8,000 wards, 774 LGAs, 36 States and FCT without stating the specific place where the alleged irregularities occur.”
Consequent to the above, the tribunal strike out the affected paragraphs as requested by the petitioners.
On Obi’s membership of LP as he was still a PDP member.
The court overruled the respondents claims stating that Obi and LP certified the provisions of Obi being a member.
