Tinubu, in a 42-paged brief of argument filed through his team of 17 lawyers, comprising 10 Senior Advocates of Nigeria, urged the apex court to affirm what he termed as a “well-considered decision of the Court of Appeal,” which, while sitting as the Presidential Election Petition Court, PEPC, on September 6, dismissed the joint petition Atiku and his party entered against him.
Tinubu maintained that having secured the highest number of valid votes cast and having fulfilled all constitutional requirements in that regard, INEC had no option than to declare him as the winner of the presidential contest. “Starting from the allegation of non-qualification of the Respondent, all that the Appellants submitted to the lower court through their petition was that the 2nd Respondent was at the time of the election not qualified to contest the election, not having the constitutional threshold.”
“While they also claimed to have won the highest number of votes cast at the election, as against INEC’s declaration, throughout their petition, they did not suggest an alternative score which they considered correct, whether for themselves or the Respondent. “It is commonsensical that the Respondents will only be able to respond to the facts in the petition and not on the crucial, albeit anticipated statistician’s report, since even the devil himself knows not the heart of man.”
challenging the competence of the petition, as well as the itemised nebulous paragraphs of same, the statement on oath of these subpoenaed witnesses, which were not front-loaded with the petition and tons of documents sought to be tendered, which were either irrelevant or unconforming to the mandatory rules of admissibility.”
Source: Law Daily Report (lawdailyreport.net)
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