Buhari, INEC fail to stop PDM contentious petition

…Tribunal dismisses President, INEC’s applications for lack of merit

…Dismisses application seeking to remove HDP name from petition

Andrew Orolua, Abuja

President Muhammadu Buhari and the Independent National Electoral Commission (INEC) have failed to stop a contentiously dangerous petition filed by the Peoples Democratic Movement (PDM) as the Presidential Election Petition Tribunal on Thursday dismissed their two applications for being unmeritorious.

The two respondents had in two separate applications prayed the tribunal to strike out PDM petition that is challenging the February 23, 2019 presidential election on ground that the party and its presidential candidate, Pastor Aminchi Habu, were allegedly excluded from the election.

The tribunal said the two respondents’ applications that seek to strike out the PDM’s petition on the alleged ground that the petitioners did not file a pre-hearing notice, therefore abandoned, were devoid of merit. It consequently dismissed the two applications.

Delivering the lead ruling, the Chairman of the tribunal, Justice Mohammed Garba, said that from the court record, the petitioners have complied with paragraph 18(1) of the First schedule of the Electoral Act which provides that petitioner should file a pre-hearing notice within seven days after pleadings have been concluded.

He said that PDM duly filed the pre- notice, therefore, the party cannot be said to have abandoned its petition.

Buhari and INEC had in their respective applications asked the tribunal to strike out PDM petition for alleged failure to issue pre- hearing notice after pleading have been concluded. They, therefore, asked the tribunal to deem the petition as having been abandoned.

But, the tribunal said that from its record it was certified that PDM filed a pre- hearing notice and the petitioner has complied with the provision of the law.

Meanwhile, the tribunal has fixed July 10, to present its report of the pre- hearing session having concluded all applications relating to the petition filed by the Peoples Democratic Movement.

Counsel representing PDM, Aliyu Lemu, told the tribunal on Thursday that he has only two witnesses and one INEC official to prove his petition, requesting that he needs one day to present his petition.

INEC counsel, Ustaz Usman (SAN), said he has only one witness and needed one day to defend the petition.

While counsel representing Buhari, Chief Alex Izinyon (SAN), said he needed three days to put up his defence with three witnesses, counsel representing All Progressives Congress (APC), Chief Niyi Akintola (SAN), also needed three days but did not disclose the number of witnesses he intends to call.

In a related development, the Presidential Election Petition Tribunal on Thursday dismissed the application brought by Hope Democratic Party (HDP) factional leader, Chief Poland Awini Tapre, seeking to remove the name of the party from the petition jointly filed by the party and its presidential candidate, Chief Ambrose Owuru.

The tribunal in a unanimous ruling said that “the application is unmeritorious and it is hereby refused and dismissed”.

Delivering the lead ruling, Justice Mohammed Garba stated that the averments of the first petitioner, Chief Ambrose Owuru that Tapre is not an officer of the party was not contradicted nor was it denied by the applicant.

Owuru had in the affidavit listed the names of the national officers of Hope Democratic Party which did not include Chief Poland Awini Tapre as an officer of the party.

The tribunal also agreed that with Owuru that his election as leader and presidential candidate of Hope Democratic Party has not being challenged in any court.

Justice Garba further held that Hope Democratic Party is a necessary party in the petition. Consequently, the tribunal dismissed the application for being unmeritorious.