According to him, the malaise of the duo, described as part of the engine room of his legal secretariat, affected his plan to provide crucial documents to prove his claim that the presidential election was rigged for Tinubu.
Peter Obi
“My lords, our plan for today’s proceedings was to start with the presentation of our documents, but unfortunately, we had some unexpected development.
“The unexpected development concerns the sudden illness of two of our key staff, for which reason I am constrained to ask for an adjournment till tomorrow.
“It is with the greatest humility and apology that we make this application.
“I assure my lords that we will be here tomorrow morning and we will proceed with vigour,” Prof. Kalu, SAN, pleaded.
Obi’s lawyer told the five-man panel chaired by Haruna Tsamman that he briefed President Tinubu’s senior adviser, SAN Chief Wole Olanipekun, on the development before the hearing began.
“That it be determined that on the basis of the remaining votes (after discountenancing the votes credited to the 2nd Respondent) the 1st Petitioner (Obi) scored a majority of the lawful votes cast at the election and had not less than 25% of the votes cast in at least 2/3 of the States of the Federation, and the Federal Capital Territory, Abuja, and satisfied the constitutional requirements to be declared the winner of the 25th February 2023 presidential election.
“That it be determined that the 2nd Respondent having failed to score one-quater of the votes cast at the presidential election in the Federal Capital Territory, Abuja, was not entitled to be declared and returned as the winner of the presidential election held on 25th February, 2023”.
In the alternative, the petitioners want an order cancelling the election and compelling INEC to conduct a fresh election at which Tinubu, Shettima and the APC, listed as 2nd, 3rd and 4th Respondents, respectively, shall not participate.
They urged the court to declare that since Tinubu was not duly elected by a majority of the lawful votes cast in the election, therefore, his return as the winner of the presidential election, was unlawful, unconstitutional and of no effect whatsoever.
In a further alternative prayer, the petitioners want the court to hold that the presidential election was void on the ground that it was not conducted substantially in accordance with the provisions of the Electoral Act 2022, and the 1999 Constitution, as amended.
Likewise, an order, “cancelling the presidential election conducted on 25th February 2023 and mandating the 1st Respondent to conduct a fresh election for the President, the Federal Republic of Nigeria”.
Both Obi and his Vice Presidential candidate, Baba Ahmed Datti, were in court on Wednesday to observe the proceeding.
Meanwhile, the court will by 2pm, continue further hearing on the petition that was filed by candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar, who came second in the presidential election.
