The hearing on the case the Allied Peoples Movement, APM, filed to contest the results of the 2023 presidential election was adjourned by the Presidential Election case Court, PEPC, sitting in Abuja, till June 9, 2023.
The hearing was adjourned because Mr. Yakubu Maikasua, SAN, the petitioner’s new attorney, was unable to secure a copy of the Supreme Court decision upholding President Bola Tinubu’s right to run in the February 25 presidential election.
President Tinubu informed the court that the primary point the APM highlighted in its petition had already been resolved by the supreme court on the previous postponed date, May 30, when the petitioner was scheduled to present its case.
Chief Wole Olanipekun, SAN, Tinubu’s lead attorney, argued that an appeal the Peoples Democratic Party, PDP, filed against his client, which the Supreme Court dismissed, raised questions about whether or not the All Progressives Congress, APC,’s nomination of his client to run for office was legal.
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He highlighted that the only reason the APM raised in its case was the fact that the Vice President, Kashim Shettima, had received two nominations prior to the presidential election and contended that the said verdict of the top court touched on the substance of the APM’s petition.
The lead attorney for Tinubu asserted that the Supreme Court had already resolved the matter, adding, “As officers of this court, it behoves us to assist the court in all circumstances and also bring to your lordships’ attention decisions of courts, even from other jurisdictions, which relate to any matter pending before your lordships.
“Even if those decisions do not necessarily align with the interest of out clients. If becomes more imperative if we are aware or abreast of any decision of the Supreme Court which touches on matters within the proceedings before your lordships.
“In this wise my lords, this particular petition which has just been called in respect of which the sole issue that is being ventilated is the nomination of the 1st Respondent who we represent.
“We are aware that the Supreme Court gave a judgement on the issue on Friday, May 23, in respect of appeal No: SC/CV/501/2023, and the parties involved were PDP Vs INEC& 3 Ors, where the apex court considered all the issues and resolved them.
“We promise that within next two days, certified true copies of the judgement will be made available.
“We will also confirm from the petitioners, whether in the light of the Supreme Court decision, there will still be the need to continue with this petition,” he added.
The five-member panel, presided by Justice Haruna Tsammani, delayed the case after Mr. S.A.T. Abubakar, the attorney who represented the petitioners, made the request.
However, Mr. Maikasua, SAN, who took up the matter from Mr. Abubakar at the resumed proceedings on Friday, informed the court that the petitioner had not yet acquired a copy of the Supreme Court decision.
“My lords, I am not in a position to take a stand on the status of the petition. We are doing all we can to obtain the judgement.
“In the circumstance, may we humbly request for an adjournment to enable us to obtain a copy of the judgement so that we can be able to take a position in the status of the petition,” APM’s lawyer, Maikasua, SAN, added.
Both Chief Akin Olujinmi, SAN, who represented President Tinubu and Vice President Kashim Shettima, and Prince Lateef Fagbemi, SAN, who represented the APC, stated that they were not opposed to the motion for an adjournment.
In addition, Mr. Kemi Pinhero, SAN, counsel for the Independent National Electoral Commission (INEC), made no objections to the request. As a result, the panel headed by Justice Haruna Tsammani decided to postpone further discussion of the case until next Friday.
