THIS is just the defendant’s reply to the petition, we have not even gotten to the pre-hearing stage, let alone proper trial.
The LP now has 7 days to apply for pre-hearing or 5 days to respond to the defendant’s new facts which I believe there is.
However, it is expected that the Tribunal will respond to the Objections first, during the ruling proper.
A Presidential election petition of this magnitude will naturally not dwell on technicalities.
1. That Obi was not a registered member of the LP before May 24 last year.
This is at best puerile. Does the APC have the locus standi to challenge? NO.
a. Once there is no locus standi, there is no jurisdiction. Jurisdiction is the lifeblood and existence of any case. Once there is no jurisdiction, no matter how finely delivered a case is ruled upon, it becomes null and void, ab initio.
Only a member of the LP can challenge the membership of Peter Obi. The Court can best describe the APC as meddlesome interlopers and busybodies.
b. This matter is a pre-election matter. Membership, nomination and sponsorship of any Candidate in a political party is a pre-election issue that should be filed not more than 14 days after the cause of action at the FHC.
Same suit was brought up by a political party, the APM and the Appeal Court ruled in February 2023, that they do not have the locus. The PEPT or SC will not even delve into the merits but shut it out for lack of locus standi.
2. Non-joinder of Atiku Abubakar & PDP
This again should likely not upturn anything. This is an election petitions tribunal and it is declaratory in nature.
It is an independent and individualistic appeal, at best, this is academic considering that the PDP & her Candidate are also in Court. It is urging the Court to subject to intellectual argument and satisfy intellectual prowess which cannot answer the questions in the live issues to be determined in the suit.
3. Arrangement of tables, etc.
Is this enough to throw out the petitions before we even get to the stage of hearing in the petitions? In my humble opinion, NO.
I believe all 3 Objections will be dismissed so that we can really listen to the REAL ISSUES.
What the defendant has done is not unexpected, raise up issues to dismiss the suit.
