Election Tribunal: Atiku, PDP can serve Buhari through APC, tribunal rules
Andrew Orolua, Abuja
The Presidential Election Petition Tribunal sitting in Abuja on Wednesday granted leave to Atiku Abubakar and the Peoples Democratic Party (PDP) to serve President Muhammadu Buhari with its election petition through substituted means.
The tribunal while ruling on motion ex parte brought by Atiku and PDP, granted leave to the petitioners to serve the second respondent, Muhammadu Buhari by delivering the document filed at the tribunal through any of the third respondent (APC officials) at its office located at 40 Blantyre Street, off Aminu Kano Crescent, Wuse 2, Abuja.
Justice Abdul Aboki also granted leave that the process will be deemed as properly served on Muhammadu Buhari.
He said that after careful reading of the affidavit in support of the ex parte motion and listening to Chief Chris Uche (SAN), the petitioner’s lawyer: “We are of the opinion that the reliefs sought should be granted. Leave is hereby granted permitting the hearing of the petitioner’s ex parte motion.”
Earlier, while moving the motion, Uche (SAN) had told the court in an affidavit deposed to by Jude Orji that all attempts to serve Muhammadu Buhari with the petition have been blocked and therefore, the bailiff could not reach him to effect the service.
He said that application for the substituted service was predicated on seven grounds and supported by a 17 -paragraph affidavit.
The applicant also filed a further affidavit of five paragraphs, annexed some exhibits and a written address to buttress his request for the substituted service.
Atiku and the PDP had filed the petition on March 18, praying the tribunal to declare Atiku as the winner of the February 23 election.
The petitioners also prayed the tribunal to disqualify the All Progressive Congress (APC) presidential candidate, Muhammadu Buhari, the declared winner of the election as unqualified to participate in the poll.
Joined as respondents to the petition are the APC, President Buhari and the Independent National Electoral Commission (INEC) who are the first, second and third respondents respectively.
The petitioner stated that Atiku scored over 18 million lawful votes compared to Buhari’s 16 million plus votes.
