Senior Advocate of Nigeria, Dr. Olisa Agbakoba, a former President of the Nigerian Bar Association, has urged the Presidential Election Petitions Tribunal to conclude the petitions arising from the February 25 presidential election before the inauguration of the new president on May 29. The Independent National Electoral Commission declared the All Progressives Congress candidate, Bola Tinubu, the winner of the poll. However, the Peoples Democratic Party candidate, Atiku Abubakar, and the Labour Party candidate, Peter Obi—who placed second and third respectively—rejected the outcome and filed petitions challenging the result.
In a statement he personally signed on Monday, Agbakoba called on the tribunal to adopt the procedures used for the speedy resolution of arbitration matters. He identified three specific issues in the presidential election petitions that could be resolved through such procedural orders or directions: (1) the interpretation of Section 134 of the 1999 Constitution regarding whether securing 25 percent of votes in the Federal Capital Territory, Abuja, is compulsory for a presidential candidate; (2) whether a candidate may simultaneously stand for presidential (or vice‑presidential) election and a senatorial seat; and (3) various questions concerning the qualification of candidates to stand for the presidential election. He noted that, if the petitions were treated as arbitration proceedings, an arbitrator could issue a procedural order directing counsel to address all complex disputes, after which the arbitral tribunal could deliver a partial final award.
Agbakoba expressed confidence that, between the tribunal and the Supreme Court, the petitions could be resolved within seven days, thereby easing tensions surrounding the issue of an interim government. He emphasized that achieving such speed would require a radical departure from the current judicial policy, where case management plays a limited role. “Case management is the spirit and driving force of modern adjudication. Speed of justice is the mantra that our Judiciary must proclaim very loudly. This is needed in the presidential petitions proceedings urgently,” he added.
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