You’re Outdated! PEPC Slams Tinubu’s Lawyer, Olanipekun

The Presidential Election Petition Court (PEPC) yesterday in Abuja told Chief Wole Olanipekun SAN, lead counsel to Bola Ahmed Tinubu, that he was citing old laws against the request by the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Abubakar Atiku, for live coverage of the proceedings of the court.

Chairman of the court, Justice Haruna Simon Tsammani drew the attention of Olanipekun to a portion of the Code of Conduct for Judicial Officers being wrongfully cited to justify Tinubu’s opposition to live coverage of proceedings in Atiku’s petition.

At yesterday’s proceedings, Tinubu, APC and INEC had separately kicked against the request by Atiku for live coverage of proceedings of the Court to engender public trust and confidence in the court.

Atiku, through his lead counsel, Chief Chris Uche SAN, had cited the monumental importance of the petition nationally and internationally to back up his demand for a live telecast of the proceedings.

But in his bid to justify his vehement opposition, Olanipekun had cited paragraph 4.6 of the Code of Conduct for Judicial Officers which he claimed prohibited Judicial Officers from broadcasting, televising proceedings during the court session

He cited the disputed law following the submissions by Chief Chris Uche, SAN, that there was no law or statute barring the live telecast of court proceedings.

As Olanipekun was about to read the portion of the law, Justice Tsammani cut in and told the legal luminary that he was citing a wrong law.

Justice Tsammani told Olanipekun SAN that the portion he was citing to justify his arguments against live coverage had been amended and the portion being cited had been deleted completely.

The Chairman of the Court maintained that the portion being claimed by Chief Olanipekun SAN was no longer in the new Code of Conduct for Judicial Officers and, as such, not applicable.

While making a case for the live broadcast of Atiku’s petition, Uche SAN had drawn the attention of the Court to the Justice Oputa Panel of Inquiry that was telecast live and hailed all around the country.

The senior lawyer said that none of the respondents would be prejudiced if the petition was broadcast live.

Specifically, he said that there was no single law or statute against the live broadcast of court proceedings, adding that the fact that it has never been done before should not be misconstrued to mean that it cannot be done this time.

The submissions of Uche SAN had drawn thunderous applause from the crowd, who for some minutes clapped before the court announced that clapping was not allowed in courts.

Atiku had approached the Court hearing his case against the outcome of the February 25 presidential polls, for an order allowing live broadcast of the day-to-day proceedings regarding his petition because of its monumental importance.

Atiku and the PDP in the application specifically prayed to the tribunal for “an order directing the court’s registry and the parties on modalities for admission of media practitioners and their equipment into the courtroom.”

The application filed on their behalf by their team of lawyers led by Chief Chris Uche, SAN, is predicated, amongst other grounds, on the following: The matter before the Honourable Court is a dispute over the outcome of the Presidential Election held on February 25, 2023, a matter of national concern and public interest, involving citizens and voters in the 36 States of the Federation and the Federal Capital Territory, Abuja, who voted and participated in the said election; and the International Community as regards the workings of Nigeria’s Electoral Process”.

They contended that being a unique electoral dispute with a peculiar constitutional dimension, it is a matter of public interest, whereof millions of Nigerian citizens and voters are stakeholders with a constitutional right to receive

The Independent National Electoral Commission, INEC, President-elect, Bola Ahmed Tinubu and the All Progressives Congress APC in response kicked against the request of the former Vice President
for live telecast of his petition challenging the declaration of Tinubu as winner of the 2023 presidential election.

In their separate objections, the trio insisted that the solemn nature of the court would be put in jeopardy if granted.

Tinubu in his vehement objections raised by Chief Wole Olanipekun SAN on his behalf said that Atiku’s request was not only surprising but dangerous as it was capable of prejudicing the Court itself.

Olanipekun said that the request for live coverage is capable of turning the court into a football stadium, a crusade ground, a theatre, or a film ground where all manners of telecast could be permitted.

The senior lawyer said that the court should not grant an order that cannot be enforced or supervised, adding that the present moment is not the best time for such a request to be granted.

Lateef Fagbemi, SAN, who opposed the request on behalf of APC, faulted the proposal, adding that the facility and policy documents are not there for the application to be granted.

Fagbemi insisted that Atiku did not deserve to be granted the request.

The electoral body, in its own objections by its counsel, Abubakar Balarabe Mahmoud SAN, said that the courtroom is for serious business and not a market place where anything goes, adding that the request for live coverage is unnecessary and uncalled for and should not be granted.

Meanwhile, the Chairman of the Court, Justice Haruna Simon Tsammani has reserved a ruling on the motion for a later date.