There is disagreement among attorneys on whether election challenges should be resolved prior to elected people being sworn in, following the Supreme Court’s ruling supporting President Bola Tinubu’s victory.
Senior attorneys desire that post-election issues be resolved prior to the inauguration of elected politicians in order to prevent conflicts of interest, particularly with presiding judges.
Others, however, contended that the time frame given by the 1999 Constitution, as modified, is sufficient to handle petitions for elections, regardless of whether it expires prior to the assumption of office.
“An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition,” states Section 285 of the 1999 Constitution.
Election petitions must be filed within 21 days of the date the results of the elections are declared, according to Section 285 (5-7).
All Peoples Movement (APM), Labour Party (LP), flagbearer Mr. Peter Obi, and Peoples Democratic Party (PDP) candidate Alhaji Atiku Abubakar filed petitions, which took 140 days to process by the Supreme Court and the Presidential Election Petition Tribunal (PEPT).
Ultimately, Tinubu was recognized by the Supreme Court as the legitimate victor of the February 25 presidential election.
Amid apprehensions about a conflict of interest and the suspicions that typically accompany rulings in favor of the incumbent, attorneys spoke with Sunday Vanguard about the best course of action.
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