The Presidential Election Petition Court has dismissed the live broadcast application filed by the People’s Democratic Party, PDP, and its presidential candidate, Atiku Abubakar.
The five member panel led by Justice Haruna Tsammani, dismissed the application for lacking merit.
Background
The Jurist had earlier reported how the PDP and the Labour Party, LP, approached the court praying for a live broadcast of the court trial on the outcome of the 2023 general election.
The suit application was dated May 5, 2023.
The suit sought “An order Directing the Court’s Registry and the parties on modalities for admission of Media Practitioners and their Equipment into the courtroom.”
The plaintiffs and their lawyers want the case to be broadcasted live, claiming it’s of public interest and the public should be allowed to see and judge.
Lawyer to the PDP candidate, Chris Uche, quoted that it is the constitutional right to establish such a request and for the court to also admit it.
“An integral part of the constitutional duty of the Court to hold proceedings in public is a discretion to allow public access to proceedings either physically or by electronic means.” He said
Many more reacted to this application as the Nigerian Bar Association (NBA), also admonished the judiciary to allow for live broadcast, on March 23.
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Joined to support this live broadcast include, human rights lawyer, Femi Falana, Prof Ben Nwabueze, and former Director General of Nigeria Television Authority and communications scholar, Prof Tonnie Iredia and more.
Counter affidavit
On May 17, president-elect Bola Ahmed Tinubu and his Vice Kashim Shettima in a counter affidavit disagreed with the application.
They premised their argument on the basis that the court is not an entertainment industry “The court is not a soapbox, stadium, or theatre for public entertainment”
While they further buttressed that the application does not fall under the PEPC’s jurisdiction or the power of its president.
“The application also touches on the powers and jurisdiction invested in the President of the Court of Appeal by the Constitution, over which this honourable court as presently constituted cannot entertain.
Court decision
In the court ruling, Justice Tsammani said that such an act has not been stipulated in the Law and can only be addressed until it is included in the judicial policy.
Subsequently, the court maintained that “no regulatory framework or policy direction permitted it to grant the application”
Justice Tsammani said, “The court can only be guided and act by the practice directions and procedures approved by the President of the Court of Appeal.
“We cannot permit a situation that may lead to dramatization of our proceedings.”
The court further explained that the live broadcast application would in no way play any relevant role in the initial petition filed against the APC, notwithstanding will such advance the case proceedings.
