Presidential Poll: Aggrieved Parties Can Prove Non-Compliance within 180 Days –Sagay

The Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay, has said that candidates challenging the outcome of the February 25 presidential election can establish a case of substantial non-compliance with the Electoral Act within the 180 days’ time limit stipulated therein.

The Senior Advocate of Nigeria, who made the sub- mission in a telephone chat with New Telegraph, said the window of time makes it easy for election petition experts to present water-tight evidence within the time frame.

It could be recalled that five presidential candidates, including Alhaji Atiku Abubakar and the Peoples Democratic Party (PDP) as well as Labour Party and Mr Peter Obi have since approached the presidential election petition tribunal with “supplications” to invalidate the declaration of Asiwaju Bola Tinubu as president-elect, by the Independent National Electoral Commission (INEC).

Asked to assess the presidential poll vis-a-vis the seeming limitation for conclusion of election petition matters, the professor of law said: “Well, you know, this matter is a long-standing one. In 1979, when the team was given a very short limit of time, Justice (Chukwudifu) Oputa (now late) saw it coming, contrary to our constitutional rights. “So we have to remove the limit… But, when we now saw how long things were getting, the new constitution now made provision for this 180 days for the original matter; then 60 days for appeal.

“If you remember, the earlier petitions we had…they were all very long because they had a lot of things to prove. But it’s now 180 days, in the first instance. “I think, given our experience, because, some cases took almost three years: Peter Obi’s case in Anambra took over three years; the same thing in Osun. “So, this is a good compromise; 180 days. And as (Dr Olisa) Agbakoba (SAN) said recently…but we don’t have to wait for 180 days, because you can make your case faster.” He noted: “But, the question you are asking is even whether that time is enough. I think it is more than enough. Otherwise, the incumbent will finish his term, and the case will still be in court. “So, I think the time is enough. Every party is supposed to have a copy of every voting unit in the country. So you can put your things in order very quickly and make a case of substantial non-compliance. They have enough time; they have many lawyers and a lot of experience now in this area of election petitions. There are so many lawyers who are specialised in it (election petition matters). So, they know what to do.”