Election Tribunal: Peter Obi Slams INEC, Says Commission Is Biased

The presidential flag bearer of the Labour Party in the 2023 election, Peter Obi, has accused the Independent National Electoral Commission (INEC) of being biased.

Obi made the accusation in his reply to Presidential Election Petition Court (PEPC) while faulting the commission for filing a preliminary objection in support of the President-elect, Bola Tinubu.

The former governor who is challenging Tinubu's election victory stated that both the Supreme Court and the Court of Appeal have cautioned INEC not to place itself “in a position where imputation of partiality in favour of one party against another will be levelled against it.”

“The first respondent, forgetting its role as an electoral umpire, gave a Notice of Preliminary Objection to challenge the alleged incompetence of the petition.

“The global best practice for electoral umpires in national elections is that an electoral body must avoid creating the impression that it has no respect for neutrality in an electoral contest between candidates.

“The appellate courts have repeatedly admonished the first respondent of its need to remain neutral in election proceedings.

“However, the first Respondent hereof has remained impervious to change.

“Therefore, it is not only an embarrassment but a repudiation of the duty of the first respondent when it adorns the garb of a contestant in an election it conducted as an umpire to raise preliminary objection against an election petition as in the case hereof.

“The expectation is that INEC will maintain a neutral stance in all litigations where participants in elections are challenging the outcome of the elections and not indulge in filing objections to the petition.

“The petitioners will before or at the Pre-Hearing Session or at the hearing of the petition, urge the Honourable Court to strike out and or to dismiss the first respondent’s Notice of Preliminary Objection,” he noted.

Obi further described as “misconceived” the electoral body's preliminary objection against the petition he filed against the declaration of Tinubu as the winner of the presidential election.

“The first respondent’s contention that the reliefs sought in the petition are not grantable is false and made in manifest disregard of the specific and concise pleadings in the petition.

“The pleading in the 1st Respondent’s Notice of Preliminary Objection that the allegation in paragraph 20(ii) of the Petition is defective and does not disclose a cause of action, is wishful thinking”, he said.

Obi added that the President-elect was not elected by the majority of lawful votes cast in the presidential election while noting that the Appeal Court, which will sit as the tribunal for the presidential election dispute, has the requisite jurisdiction to entertain and determine the real issues in the petition.