The All Progressives Congress (APC) has requested that the tribunal dismisses the petition by Peter Obi and the Labour Party on the grounds of incompetence.

 The All Progressive Congress (APC) has requested that the Presidential Election Petition Tribunal dismisses Peter Obi's petition as incompetent.

The APC challenged the court's jurisdiction to hear the case and claimed that Obi was not a valid member of the Labour Party at the time of the election. The APC argued that Obi was a member of the Peoples Democratic Party (PDP) until May 24, 2022, and participated in the PDP's screening exercise. The party also stated that Obi purportedly resigned from PDP on May 24, 2022, to join the Labour Party on May 27, 2022. The Labour Party and Obi are challenging the victory of President-elect Bola Tinubu of the APC on the grounds of alleged non-qualification and non-compliance. The APC submitted that by the mandatory provisions of Section 77 (1) (2) and (3) of the Electoral Act 2022, the Labour Party should have submitted its register of members to the Independent National Electoral Commission (INEC) not later than 30 days before the date fixed for the party primaries, congresses, and convention. The APC further submitted that as of April 30, 2022, when the register was due, Obi was still a member of the PDP and could not have been in the register of members submitted by the Labour Party to INEC.