Lawyer Shares Insight on Atiku and Obi’s Fate at Supreme Court

Ibadan-based legal scholar, Wale Adeagbo, has noted the improbability of overturning Presidential Election Petition Court (PEPC) rulings by the Supreme Court unless solid evidence is presented by the petitioners. 

In a discussion with Legit.ng, the eminent lawyer stressed the importance of keeping emotions aside during such verdicts. He indicated that court proceedings should adhere to the guidelines surrounding ‘party pleadings’, as well as rules on what is deemed relevant and admissible as evidence.

PEPC strikes out Atiku, Obi’s petitions against President Tinubu

Atiku Abubakar and Peter Obi of the Peoples Democratic Party (PDP) and the Labour Party had filed petitions against the victory of President Bola Tinubu in the February 25 presidential election before the PEPC, but their petitions were struck out over lack of evidence.

Atiku and Obi, as well as their parties, have rejected the court’s decision and have vowed to seek redress at the Supreme Court.

However, Adeagbo, in his assessment of the judgment, said:

“Let’s put emotions aside. The decision of My Law Lords of the PEPC delivered on the 6th of September, 2023, is, on the whole, a Decision that will be hard to upturn looking at the substance of the Judgement.

“Like it or not, believe it or not, Litigation, be it Election Petition or not, is governed by certain general rules. Litigation runs in accordance with the Parties’ Pleadings, definition of what is relevant and evidence admissible.

“The Petitions as filed by the various Petitioners have alleged one reason or the other why President Bola Ahmed Tinubu shouldn’t have been announced and returned as the winner of the Presidential Election 2023.

“Unless the law changes, he who asserts must prove. That burden to establish any allegation or facts pleaded before a Court can only shift when the Party alleging has discharged his burden.

“The Petitioners have successfully pleaded facts, but they have failed to substantiate them with evidence. The Petitioners’ Petitions are like birds, they will not fly without evidence that serves as wings.

“The PEPC has adequately evaluated the Pleadings placed before it side by side with the evidence available; the PEPC had no other choice than to rule the way it did.”

The Ibadan-born lawyer further agreed with the court’s position on the petitioners’ claim that the winner of the presidential election was expected to get 25 per cent of votes in the FCT. The court ruled that the FCT did not have a special status.

Adeagbo said:

“The Ruling on 25% of Abuja, I agree totally with the RULING of My Law Lords.”