Atiku, PDP Petition Valid – Presidential Election Tribunal – TheNigerialawyer

The Presidential Election Petition Tribunal sitting in Abuja has
held that the petition by the People’s Democratic Party (PDP) and
its candidate, Atiku Abubakar, seeking to nullify President
Muhammadu Buhari’s re-election was validly and competently
filed.

In a unanimous ruling, the Justice Mohammed Garba-led panel
dismissed a motion dated April 25 and filed by the Independent
National Electoral Commission (INEC).

In the dismissed motion, the electoral body had relied on
Paragraphs 4(5) and 53(5) of the First Schedule to the Electoral
Act, and urged the Tribunal to strike out the list of witnesses and
evidence that were attached to Atiku’s petition, insisting that it
was not validly signed by a legal practitioner.

INEC had through its counsel, Yunus Usman (SAN) argued that the
name on the Nigerian Bar Association (NBA) seal that Atiku’s
lawyer, Dr Livy Uzoukwu (SAN) affixed on the petition dated March
18, differed from the name he filled in the Supreme Court roll for
lawyers.

But in a unanimous judgment, the Tribunal said it was satisfied
that Atiku’s lawyer was validly called to the Nigerian Bar.

It held that the INEC failed to controvert affidavit evidence by
Uzoukwu to the effect that he was called to the Bar in 1982, served
as the Attorney General of Imo State between 1994 and 1996, and was
conferred the SAN rank in 1999.

The Tribunal equally dismissed the INEC’s contention that it
lacked the jurisdiction to entertain the aspect of the petition
alleging that President Buhari supplied false information regarding
his educational qualifications.

It held that, contrary to the INEC’s argument, such issue could
be effectively ventilated before an election tribunal, stressing
that it does not fall within pre-election matters listed under
section 285(14) of the 1999 constitution.

The Tribunal held that since it could be litigated before it, it
was therefore not caught by the statute of limitation that made it
mandatory that such issue could only be challenged within 14 days
after President Buhari tendered his Form CF001 to the INEC.

Regardless, the Tribunal agreed with the INEC and struck out
several paragraphs of the petition it said contained allegations
against agencies and individuals that were not joined as parties in
the matter.

It held that the paragraphs were liable to be struck out since
it contained serious allegations of crime, corrupt practices,
violence, unlawful interference in the electoral process, made
against those that could not defend themselves.

“The court cannot make pronouncements against such persons in
violation of their right to fair hearing under section 36 of the
1999 constitution.

“The motion therefore succeeds only in part. Prayer 7 and 8 are
accordingly granted”, the Tribunal held.

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