A Five member Panel of the Presidential Election Petition Court ( PEPC) has dismissed the request by Atiku Abubakar, the Presidential Candidate of the Peoples Democratic Party PDP and Peter Obi, Presidential Candidate of the Labour party to allow the daily live broadcast of proceedings on petitions seeking to nullify the results of the February 25 Presidential election.
The panel led by Justice Haruna Tsammani Monday dismissed the application for not being guided by law and lacking in merit.
It held that televising court proceedings is a major decision that should be backed by law.
“The court can only be guided and act in accordance with the practice directions and procedures approved by the President of the Court of Appeal.
” We cannot permit a situation that may lead to dramatisation of our proceedings.
Lead lawyers of Atiku and Obi,Chief Chris Uche, SAN, and Dr. Livy Uzoukwu, SAN, said that the petitions they filed challenging the declaration of the candidate of the ruling All Progressives Congress, APC, Asiwaju Bola Tinubu, as winner of the election, was “a matter of monumental national concern and public interest”and as such, require the citizens to be part of the proceedings.
They argued that Nigeria being part of the world of technological advancements deserved to embrace televised court proceedings to ensure that justice is served.
“With the huge and tremendous technological advances and developments in Nigeria and beyond, including the current trend by this Honourable Court towards embracing electronic procedures, virtual hearing and electronic filing, a departure from the Rules to allow a regulated televising of the proceedings in this matter is in consonance with the maxim that justice must not only be done, but must be seen to be done.
“Televising court proceedings is not alien to this Honourable Court, and will enhance public confidence”, the petitioners added.
In separate processes they filed before the court, The APC and President elect, Tinubu APC Tinubu urged the court to dismiss the application describing it as an abuse of the court process.
They accused Atiku and Obi of attempting to expose the judiciary to public ridicule
The APC said” Televising of election tribunal proceedings ( live) will only cause unnecessary tension, violence and unrest among the public, which may lead to breach of peace”
On his part, Tinubu said that the” public ” in which the application on live broadcast was made was not defined adding that the court of law must and always remain hallowed.
“Petitioners have brought their application under Section 36(3) of the Constitution which provides that the proceedings of a court/tribunal shall be held in public.
“The word ‘public’ as applied under Section 36(3) of the Constitution has been defined in a plethora of judicial authorities to mean a place where members of the public have unhindered access, and the court itself, sitting behind open doors, not in the camera.
“Even in situations where a class action is presented, the particular people constituting the class being represented by the plaintiffs or petitioners are always defined in the originating process.
“Here, in this application, the public at whose behest this application has been presented is not defined, not known, not discernable.
“Beyond all these, it is our submission that the court of law must and should always remain what it is, what it should be and what it is expected to be: a serene, disciplined, hallowed, tranquil, honourable and decorous institution and place.
“It is not a rostrum or a soapbox. It is not also a stadium or theatre. It is not an arena for ‘public’ entertainment.
“With much respect to the petitioners, the motion is an abuse of the processes of this honourable court,”
