The PEPC has upheld argument by President Muhammadu Buhari that
it lacked the jurisdiction to entertain allegation of corrupt
practices and voters’ inducement raised against Vice President Yemi
Osinbajo in the petition by Atiku Abubakar and the PDP.
In its 5th ruling of the day, the court equally upheld the
argument by Buhari’s legal team, led by Wole Olanipekun (SAN) that
it was wrong for the petitioners to raise such grievous allegation
against Osinbajo without joining him as a party in the petition to
enable him defend himself against the allegation.
The petitioners had, in the petition, alleged that Osinbajo
engaged in voters inducement by spending funds not appropriated for
by the National Assembly or approved, in the pretext of Trader Moni
and other social intervention programmes of the government.
In its ruling, the court said the non-joinder of persons against
whom grievous criminal allegations were made in the petition,
including Osinbajo, is a denial of their rights to fair
hearing.
The court rejected the petitioners’ claim that the persons
against whom the allegations were made are agents of the
respondents, particularly 2nd and 3rd respondents (Buhari and APC)
and held that there is no vicarious liability in criminal law,
noting that anyone, who violates the law should carry his/her
cross.
The court proceeded to strike out, from the petition, paragraphs
containing the said offending criminal allegations, particularly
paragraphs 368, 369, 370, 371, 372 containing the petitioners’
allegations of corrupt practices against Osinbajo, in which they
accused him of allegedly inducing voters with government funds, not
appropriated or approved.
PEPC’s Presiding Justice, Justice Mohammed Garba said he agreed
with the argument by applicant “that this court lacked the powers
to try allegation of spending of government’s money not
appropriated for or approved.”