The candidate of the Peoples Democratic Party (PDP) in the last presidential election, Alhaji Abubakar Atiku, has faulted the Independent National Electoral Commission (INEC's) defence of winner of the February 25 presidential election, Asiwaju Bola Tinubu.
Atiku, who lamented that INEC was not acting like an unbiased umpire, said it was wrong for INEC to defend Tinubu beyond the election it conducted.
Atiku spoke through his lawyer, Chief Chris Uche, SAN, yesterday, while adopting his reply to INEC's response to his petition at the Presidential Election Petition Court (PREPEC) Abuja.
Atiku and the PDP are currently challenging the emergence of Tinubu as winner of the presidential poll over alleged irregularities and substantial non-compliance with the electoral laws.
Besides, the petitioners are seeking the disqualification of Tinubu from the election over his forfeiture of the sum of $460,000 to the United States on alleged involvement in hard drugs deals.
Atiku and PDP in addition also seek the disqualification of Tinubu on alleged perjury regarding his Guinean citizenship.
Respondents in the petition filed on March 21, are the INEC, Tinubu and his party, the All Progressives Congress (APC).
Responding to the petition, the electoral umpire through its lawyer, Mr. Kemi Pinhero, SAN, urged the court to strike out some of the allegations Atiku made against Tinubu in his petition.
Amongst the paragraphs INEC wants the court to strike out include the forfeiture of $460, 000 Dollars in the United States of America (USA), possession of Guinea's Passport and Allegiance to foreign countries.
But in their response to INEC, Obi and Atiku, pointed out that the commission lacked the legal right to defend Tinubu in the drug and dual citizenship allegations when such allegations had nothing to do with the February 25 presidential election conducted by INEC.
Arguing further, their lawyer, Chief Uche, asked the court to dismiss the electoral body's position on the grounds that it was not the duty of INEC to do the battle or argue any case for Tinubu who is 2nd defendant in the petition.
Specifically, Atiku's lead counsel insisted that INEC ought to be neutral and defend only the conduct of the election in dispute.
He argued that the electoral body has somersaulted by turning itself into a busy body and meddlesome interloper by taking up the defense of Tinubu against the provisions of the law.
The Senior lawyer maintained that the request of INEC in its defence of Tinubu is not only spurious, strange but constituted a gross abuse of court process in addition to lacking in merit.
Uche argued that all efforts by INEC to get fundamental averments against Tinubu should be treated as efforts in futility, vexatious and irritating and should not be allowed to hold.
"INEC ought not be here to fight the battle of Tinubu, INEC ought to be neutral and at best, defend only the election it conducted and which is the subject of Alhaji Abubakar Atiku's petition.
"This application by INEC in support of Tinubu lacks merit. It is grossly incompetent and should be outrightly rejected and thrown to the dust bin."
The senior lawyer therefore asked the court to dismiss INEC's motion for being a gross abuse of court process, lacking in merit and grossly incompetent.
Chairman of the panel, Justice Haruna Tsammani, however held that ruling will be delivered alongside the judgement in the substantive petition.
Meanwhile, in a related case, there seems to be no end in the crisis rocking the leadership of the Labour Party (LP), who is a major challenger of the President-elect.
Only a few days ago, there was commotion both during the court session and outside the courtroom owing to the appearance of a self acclaimed Acting National Chairman of the Labour Party, Mr. Lamidi Apapa.
At the last sitting, two leaders of the LP, the Women Leader, Mrs. Dudu Manuga and Apapa had announced representation for LP, forcing the court not to enter any representation for the LP.
Before the court session, Apapa had clashed with the Director General of Obi campaign, Mr. Akin Osuntokun and some members loyal to the suspended National Chairman of Labour Party, Mr. Julius Abure, over sitting position.
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However, the altercation inside the courtroom turned to nearly fisticuffs when Apapa was shoved around and almost lynched by supporters of Obi and LP, for allegedly working against the interest of Obi and LP.
Apapa is being alleged to have collected money from the ruling APC to scuttle Obi's petition if he cannot get it withdrawn.
At Friday's proceedings, owing to the confusion that arose over the representation of the LP at the previous sitting, Obi had announced representation for himself, who is the first petitioner and the LP, who is the second petitioner.
However, shortly after Awa Kalu, SAN, announced appearance for the petitioners and listed other members of the legal team in court, a senior advocate who could not be immediately identified, stood up to announce representation for same LP, but was shut down by the court.
The panel of Justices, while refusing to acknowledge his presence, berated the senior lawyer for attempting to stir up confusion adding that, "He should know better".
The senior lawyer had informed the court that, "He was given a brief to appear."
