The President-elect, Bola Tinubu, and his Vice, Kashim Shettima, have urged the Presidential Election Petition Court to dismiss the application by Atiku Abubakar and the People’s Democratic Party for a live broadcast of proceedings.
They argued that the relief sought by the applicants are not such that the court could grant it.
The respondents stated that the motion is an abuse of the processes of the court,”
Besides describing the application as frivolous, they said the court is not a soapbox, stadium or theatre where the public should be entertained.
Through their team of lawyers, led by Chief Wole Olanipekun, they wondered why a petitioner would file an application to distract the court and waste its precious time.
They stated, in the counter affidavit, that the application relates to policy formulation of the court, which is outside the PEPC’s jurisdiction as constituted.
“The application also touches on the powers and jurisdiction invested in the President of the Court of Appeal by the Constitution, over which this honourable court as presently constituted cannot entertain.
“The application touches on the administrative functions, which are exclusively reserved for the President of the Court of Appeal.
“The application is aimed at dissipating the precious judicial time of this honourable court.
“The said application does not have any bearing with the petition filed by the petitioners before this honourable court.
“It is in the interest of justice for this honorable court to dismiss the said application filed by the petitioners,” they said.
In an attached written address, the respondents faulted the applicants’ reference to the fact that virtual proceedings were allowed during the COVID-19 pandemic.
They argued that Atiku and his party failed to draw the court’s attention to the fact that practice directions were made by the respective courts for the exercise.
“Another angle to this very curious application is the invitation it extends to the court to make an order that it cannot supervise.
“The position of the law remains, and we do submit that the court, like nature, does not make an order in vain, or an order which is incapable of enforcement,” the respondents stated.
More so, they stated that “At the very best, this application is academic, very otiose, very unnecessary, very time-wasting, most unusual and most unexpected, particularly, from a set of petitioners, who should be praying for the expeditious trial of their petition.
“Beyond all these, it is our submission that the court of law must and should always remain what it is, what it should be and what it is expected to be: a serene, disciplined, hallowed, tranquil, honourable and decorous institution and place.
The Labour Party also, at a press conference, said they would be petitioning the courts to let the proceedings be streamed life.
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