The Presidential Election Petitions Tribunal on Thursday in Abuja reserved judgment on CPC’s petition challenging the victory of President Goodluck Jonathan at the April general election.
Justice Kumai Akaas, who led the panel of five other Justices, officially closed the case after counsel to all the parties had adopted their written addresses.
The petitioner had on May 8 filed a petition against the Independent National Election Commission (INEC), Jonathan, Vice President Namadi Sambo, and the Peoples Democratic Party (PDP).
Chief Andrew Awomolo (SAN), counsel to INEC, while adopting his address, held that the commission conducted a free and fair election.
Awomolo explained that Jonathan won the election because the electorate voted for him overwhelmingly, saying that INEC did not rig the election.
He further submitted that CPC did not prove any of the allegations made against the commission in the conduct of the election, adding that “CPC brought touts to court to testify as witnesses.”
The INEC counsel urged the court to dismiss the petition because it was incompetent and lacked merit, adding that it was not even brought properly before the court.
Chief Wole Olanipekun (SAN), counsel to the President, said that the court should summon the courage to set aside its July 14 ruling which gave room to the petition to be heard even when its filing violated the rules of the court.
Olanipekun submitted that the petition was not properly filed before the court as it was filed on a public holiday, adding that it was not in the interest of justice to condole such flagrant disrespect to the institution.
The President’s lawyer, however, urged the court to discountenance the petition and the submissions made by the petitioner, adding that the April general election was acknowledged to be the freest and fairest ever conducted in the country.
He explained that the petitioner had not convinced the court that Jonathan did not win the election.
Dr Ameachi Nwaiwu (SAN), counsel to the PDP, said that the petitioner was unable to remove the burden of proof in view of the allegations it made on the conduct of the election.
Nwaiwu explained that Jonathan, who was PDP’s Presidential Candidate in the April general election, got sympathy votes from across the country, saying: “many CPC members could have voted for the Jonathan and Sambo ticket’’.
He, therefore, urged the court to dismiss the petition on grounds of incompetence, adding that the petition was drafted based on abstract imagination and not upon reality.
On the other hand, Chief Oladipo Opeseyi (SAN), counsel to the petitioner, said that CPC had sufficiently proved its case to necessitate the cancellation of the election.
Opeseyi urged the court to cancel all the unscrupulous votes ceded to Jonathan from 20 states across country.
He held that Prof. Attahiru Jega’s refusal to give evidence showed the bias of the commission in conducting the election, adding that INEC did not provide a level-playing ground for the contest.
Opeseyi further urged the court to cancel the Presidential election and order for a fresh conduct of the exercise because the poll was far from being free and fair.
Section 132 (2) of the Electoral Act provides that the judgment must be delivered on or before Nov. 8.