Thomas Samuel
@thomassamuel179611
1 year ago
PRE-ELECTION MATTER
By
Thomas Samuel
On September 6th, 2023, the Presidential Electoral Petition Tribunal issued its judgment regarding cases filed by the Labor Party and its candidate, Peter Obi, as well as the People's Democratic Party (PDP) and its candidate, Atiku Abubakar. These cases contested the results of the presidential election held on February 25th.
Among various concerns, both parties questioned the eligibility of President Bola Ahmed Tinubu and his Vice President, Kashim Shetima. Part of their argument revolved around the validity of Tinubu's academic records and the dual nomination of the Vice President for a senatorial seat in Borno State and the Vice Presidency itself. The court dismissed this matter, deeming it a pre-electoral issue, which is the focus of this article.
Firstly, it's worth noting that PDP's candidate, Atiku Abubakar, has a history of legal battles, including his unsuccessful 2019 case against President Muhammadu Buhari. In that instance, the court ruled that it was a pre-electoral matter, as Atiku was not a member of the APC, giving him no standing to challenge Buhari's credentials. This analogy illustrates the concept of pre-election matters - legal disputes that pertain to issues before the actual election takes place.
The following issues are categorized by the courts as pre-election matters: the nomination of a candidate, double nomination of a candidate, disqualification of a candidate, wrongful substitution of a successful candidate's name by the electoral body, wrongful omission of a successful candidate's name by the electoral body, complaints related to the conduct of primaries, and false declarations on oath about a candidate's particulars.
Numerous cases have been dismissed by the court based on the aforementioned criteria. For instance, in 2019, the late Senator Aisha Alhassan challenged the nomination of the former Governor of Taraba State, Darius Ishaku, after the election. Her case was dismissed based on these grounds. This highlights the importance of lawyers providing clear advice to their clients regarding the winnability of a case.
While the judgment may seem biased, it's not just the judges responsible for these outcomes; legal counsel also plays a significant role in guiding their clients through the justice system.
#notes, #reader
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