As time ticks away, the Presidential Election Petition Court (PEPC) has yet to commence hearing of the petitions arising from the general elections. Former Nigerian Bar Association (NBA) president, Dr. Olisa Agbakoba (SAN), had argued that the court could determine the cases before the May 29 handover, if it accelerates the process. However, the jurists do not seem persuaded by such arguments.
According to the PEPC secretariat, which is the Court of Appeal, the petitions are not yet ripe for hearing as replies to petitions are still being awaited. The Electoral Act, 2022, provides that election petitions are to be filed within 21 days after the declaration of results, with respondents having 21 days to respond. The court has 180 days to decide the petitions.
Five political parties and their candidates have filed a petition against President-elect Bola Ahmed Tinubu of the ruling All Progressives Congress (APC). APC and the Independent National Electoral Commission (INEC) have responded to the petitions, while more responses are awaited. The Court of Appeal president will identify the panel members and fix the date for the commencement of the hearing once all responses have been submitted.
The petitions filed by various parties and candidates are challenging the election results on various grounds, such as non-compliance, qualifications of the candidates, and double nomination of vice-presidential candidates. APC has prayed the court to dismiss the petitions, claiming that some petitioners lack the requisite locus standi to file the petition. INEC has also dismissed the petitioners’ arguments, stating that the reliefs sought are not grantable.
The PEPC hearings are expected to draw significant attention, as several high-profile Senior Advocates of Nigeria (SANs) have been assembled to plead the cases of the petitioners and respondents. The major opposition parties, including the Peoples Democratic Party (PDP) and Labour Party (LP), have insisted that the judges must focus on the substance of the case, not technicalities, and consider the potential impact of their decision on the country’s stability.
As Nigerians eagerly await the PEPC’s commencement of the hearings, the judiciary’s role in determining the outcome of the election petitions will be under intense scrutiny.
