In a recent decision, the Presidential Election Petitions Tribunal delivered a ruling that bears significance in the case brought forth by Peter Obi, the presidential candidate of the Labour Party. This legal dispute centers on the contested electoral victory of President Bola Tinubu.
Justice Haruna Tsammani presided over the proceedings and articulated the tribunal’s stance. According to the ruling, Mr. Obi had summoned a total of 13 witnesses, identified as PW1 to PW13. However, the tribunal’s evaluation revealed that only three of these witnesses had presented statements under oath, which were subsequently included as part of the official petition.
The remaining 10 witnesses, he said, were subpoenaed and their witness statements on oath were only filed after the hearing started.
Tsammani held that by virtue of section 285 of the Nigerian constitution, section 137(7) of the Electoral Act 2022, and other provisions, every witness statement on oath must be filed along with the petition.
He said that based on the Supreme Court authority, once the 21-day window for filing an election petition elapses, the content of the petition cannot be amended.
The justice stated further that no additional statement on oath could be filed after the close of the specified window since the respondents would not have the opportunity to respond.
Tsammani said the petitioners were aware of the legal provision relating to the filing of witness statements on oath, yet went ahead to present 10 witnesses without their witness statements on oath earlier filed with the petition.
