'Unless the law changes: Lawyer predicts Atiku, Obi's fate at Supreme Court

Wale Adeagbo, an Ibadan-born legal practitioner, has explained that it would be hard for the Supreme Court to upturn the rulings of the Presidential Election Petition Court (PEPC) as a result of the petitioners to substantiate their facts with evidence.

The legal icon while speaking with Legit.ng posited that emotions should be set aside on the judgment, adding that litigation is governed by the rules of "parties' pleading, the definition of what is relevant and evidence admissible."

Atiku Abubakar and Peter Obi of the Peoples Democratic Party (PDP) and the Labour Party had filed petitions against the victory of President Bola Tinubu in the February 25 presidential election before the PEPC, but their petitions were struck out over lack of evidence.

Atiku and Obi, as well as their parties, have rejected the court's decision and have vowed to seek redress at the Supreme Court.

However, Adeagbo, in his assessment of the judgment, said:

"Let's put emotions aside. The decision of My Law Lords of the PEPC delivered on the 6th of September, 2023, is, on the whole, a Decision that will be hard to upturn looking at the substance of the Judgement.

"Like it or not, believe it or not, Litigation, be it Election Petition or not, is governed by certain general rules. Litigation runs in accordance with the Parties' Pleadings, definition of what is relevant and evidence admissible.

"The Petitions as filed by the various Petitioners have alleged one reason or the other why President Bola Ahmed Tinubu shouldn't have been announced and returned as the winner of the Presidential Election 2023.

"Unless the law changes, he who asserts must prove. That burden to establish any allegation or facts pleaded before a Court can only shift when the Party alleging has discharged his burden.

"The Petitioners have successfully pleaded facts, but they have failed to substantiate them with evidence. The Petitioners' Petitions are like birds, they will not fly without evidence that serves as wings.

"The PEPC has adequately evaluated the Pleadings placed before it side by side with the evidence available; the PEPC had no other choice than to rule the way it did."

The Ibadan-born lawyer further agreed with the court's position on the petitioners' claim that the winner of the presidential election was expected to get 25 per cent of votes in the FCT. The court ruled that the FCT did not have a special status.

Adeagbo said: "The Ruling on 25% of Abuja, I agree totally with the RULING of My Law Lords."