The APC, the 4th respondent, urged the PEPC to reject the petition in its notice of preliminary objection marked: CA/PEPC/A/05/2023.
The party said that the court had no jurisdiction to adjudicate on the petitioners’ allegation predicated on ground (D) in paragraph 16 of the petition and the related paragraph 146 which lacks necessary facts or particulars as required by paragraph 4 (1)(d) of the rules of procedure for election petitions ( 1st Schedule to the electoral Act 2022.
”The petitioners’ paragraph 146 in support of ground four on non-qualification is vague, bare and meaningless as having the constitutional threshold is not part of the requirement to contest any election,” the APC said.
The APC said allegations of non-compliance must be made distinctly and proved on polling unit basis. The party also added that the petitioners did not provide the particulars of polling units where any irregularity or non-compliance took place.
”The petition as presently constituted, is devoid of necessary particulars to support allegations of corrupt practices, violence and non-compliance with provisions of the electoral act.
”Paragraph 35 of the petition is not relevant or cognizable and 84 is vague as no specific figure or polling units are pleaded as the margin of lead to be countered by the respondent,” the APC said..
The APC therefore prayed the tribunal to dismiss or strike out the petitioners ‘ petition for lack of merit.