The Peoples Democratic Party (PDP) and Labour Party (LP) have been given permission by the Appeal Court in Abuja to challenge the Independent National Election Commission (INEC) regarding the presidential and National Assembly elections held on February 25.
Following separate ex-parte motions made by the two parties before the court, the orders were granted.
After hearing Adedamola Faloku, who represented the PDP and Alhaji Atiku Abubakar, the party’s presidential candidate, Judge Joseph Ikwegh approved the request.
On identical grounds, Justice Ikwegh also approved the Labour Party’s nomination of Mr. Peter Obi for president.
For LP and Obi, Alex Ejeseme, SAN, argued the ex-parte application.
According to Section 146 (1) of the Electoral Act of 2022, Paragraphs 47 (1, 2 and 3) of the first schedule of the Electoral Act of 2022, and the inherent jurisdiction of the court as referenced by Sections 6 (6) A and B of the 1999 Constitution, the attorneys for Atiku and the PDP had asked the court to grant the ex-parte application.
Seven prayers were requested in the application, supported by six grounds.
The attorney further informed the court that a schedule of the documents to interview the respondent (INEC) was also provided in the motion which is an 18-paragraph application accompanied by a 12-paragraph affidavit.
Following that, the applicant’s attorney adopted all of the affidavit’s allegations and asked the court to approve the application.
The application of the applicant was granted by presiding Judge Joseph Ikyegh.
In addition, the court heard the ex-parte application Peter Obi, the Labour Party’s presidential candidate, submitted to the court asking for the application to be considered.
Alex Ejeseme, SAN, the attorney for Peter Obi, had filed an ex-parte application with the court under the inherent jurisdiction of the court in accordance with Section 86 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended, Section 146 of the Electoral Act 2022, and Paragraphs 47 (1 and 54) of the first schedule of the Electoral Act 2022.
Obi’s application, which was presented to the court, had six grounds and a total of six relief requests.
Ejeseme also told the court that they had sworn to a 15-paragraph affidavit and that they had based their request for the application’s approval on all of the averments in it.