What’s next with PEPT?
LP/Obi has replied the respondents
—We expect a reply from the respondents (INEC, BAT/Shett & APC) by Friday
—Subsequently, a day to adopt the addresses will be announced by the court
—After which a day for final judgement will be decided as well!
It’s been over 7 hours since this document has been making the rounds on social media, yet there has been no official response.
“Snap out of it,” - Mr Sanwolu said the last time he was asked about this tragic incident.
We patiently await an official response.
They say Davido must take down the "jaiye lo" video
My African muslim brothers, but these are Arabs muslims vibing to the song of Bob Marley "an infidel." 🤷🏽♂️
Who do us this thing for Africa no go d*e well
Davido | Yoruba Muslims | Useless
One reason why I love football. After all this shalaye, Taiwo Awoniyi will squeeze one goal inside your net in the 20th minute and that will be it
Forest 1 Gunners 0
1/2
SUMMARY OF THE PETITIONERS (LP/OBI)’S FINAL ADDRESS TO THE 2ND AND 3RD RESPONDENTS (BAT/SHETT)
Thread 🧵
LP started by stating that BAT/Shett in their written address mentioned that LP is inviting anarchy by their ventilation of the issue of non-transmission of results electronically by INEC
LP’s response is that it was a cheap, misguided and destructive blackmail as they were only canvassing based on a ground of the Electoral Act.
In reply, LP adopted their issues for determination dated and filed on the 18th day of May 2023 and urged the court to allow them argue the grounds of qualification of BAT and Shett together.
On the issue of qualification, LP argued that they relied on the US district court decision which ordered that “the funds in the amount of $460,000 held by First Heritage Bank in the name of BAT, represented the proceeds of narcotics trafficking or were involved in financial transactions in violations of US laws. The above order was made by the US District court and was sequel to a “Settlement Order”.
LP further argued that one of the laws the court held was violated on was 18 USC $ 1956 which outlaws money laundering.
They further argued linking it up with Section 137(1)(d) of the 1999 Constitution that a person shall not be qualified for election to the office of the President if – (d)He is under a sentence or fine for any offence involving dishonesty or fraud.
LP mentioned that BAT/Shett in their written address stated that the judgment of the US district court must be registered in Nigeria to be referred in this case, however this was wrong as the judgment in issue is a money judgement.
LP also in replying the argument of BAT/Shett as regards whether a civil forfeiture can be equated to a fine mentioned that in Austin v. United States, the US Supreme Court held that civil forfeiture in an in-rem civil action is a fine.
As regards the disqualification of Shett, LP mentioned in their argument that Shett was not qualified to contest and hence his inability to contest disqualified BAT.
They relied on section 142 of the constitution which makes it mandatory that every Presidential candidate must nominate a “valid” VP candidate.
They argued that on the 14th of July 2022 when Shett accepted nomination for the position of Vice-President, he was still in the records of the 1st respondents (INEC) as the senatorial candidate of APC for Borno Senatorial District.
They also relied on section 35 of the Electoral Act that says that where a candidate allows himself to be nominated in more than one constituency his nomination shall be void.
In reply to the issue of Non-compliance LP argued that BAT/Shett missed the point where they said that LP did not specifically complain about issues like ballot box snatching, insecurity etc but focused only on transmission to IREV.
LP mentioned that they called witnesses such as PW4, A professor of Mathematics, who produced and tendered expert report of the data analysis and PW7, a Cloud engineer etc who all came to give expert evidence before the court and their evidence remains unchallenged.
They mentioned that the implication of section 60(5) is that the requirement of transmission or transfer to IREV is a must and was one to attract serious consequences if not done.
They further argued that contrary to the argument of BAT/Shett, the blurred copies of the results downloaded from IREV cannot by any stretch of imagination be described as the authentic version of the actual form EC8A.
They further argued that if it was the same, INEC would have issued them clean and clear copies instead of certifying blank, blurred and unreadable images.
Still on non-compliance they mentioned that they provided substantial evidence establishing their case while BAT/Shett did not rebut any.
They also made reference to the assurances given by INEC about live transmission as corroborated by the evidence in a permanent form in Exh PCK2.
2/2 As regards the FHC case which was heavily relied on by the BAT/Shett, LP mentioned that the decision of the court is inferior to, and it is deemed to have been overruled by the Supreme court in Oyetola v. INEC where the court held that the BVAs is to be used to scan the complete results in form EC8A and transmit or upload the scanned copy of the polling unit result to the collation system and on the INEC result viewing portal.
LP also mentioned that the self-serving glitch excuse is not a valid justification for the violation of the electoral act.
They also mentioned that a significant highlight of the expert data analysis produced by PW4, upon a proper and accurate computation of the result in Rivers and Benue state, showed that the petitioners (LP) won in those states.
Finally, LP argued that the return of BAT/Shett violates the mandatory provisions in the section 134 (2)(B) of the 1999 constitution.
They started by inviting the court to consider section 299 of the constitution and stated the following:
A. 25% votes in the FCT is an additional stand-alone requirement.
B. A literal reading of 134(2) of the Constitution gives the interpretation that a winning candidate must have 25% of total votes cast in two third of the states in the Federation and the FCT meaning a winning candidate must obtain 25% in 24 states and “in the FCT”.
LP in its reply also referred to Chapter 2 of the constitution which stipulates that “Nigeria shall be a Federation consisting of states AND a Federal Capital Territory ”.
They concluded by saying that BAT/Shett’s defence be discountenanced as devoid of any scintilla of merit and hold LP/Obi’s case as meritorious and grant their reliefs.
—Courtesy @PearlssTV / @MissPearls