PDM chairman’s attempt to withdraw petition against Buhari fails

…Tribunal dismisses application, orders PDM to open case July 24

Andrew Orolua, Abuja

Attempts by Chief Frank Igwebuike, the National Chairman of Peoples Democratic Movement (PDM), to remove the party from the petition filed by its Presidential candidate, Pastor Ameachi Habu, on Thursday, flopped as the Presidential election petition tribunal dismissed the application for lacking in merit.

Ruling on the application brought by Morrison Omonu, counsel to Chief Igwebuike, Chairman of the tribunal, Justice Mohammed Garba, held that the application was incompetent having being brought outside the pre-hearing session of the petition.

Habu and the PDM had jointly filed the petition challenging the February 23 general election that was won by President Muhammadu Buhari on the ground that the party and its candidate were excluded from the election.

But, the party national chairman, Chief Igwebuike, midway during the pre-hearing session, opted out and sought to withdraw the petition citing national interest. However, the first petitioner, Habu, refused and vehemently opposed it.

Delivering the lead ruling, Justice Garba noted that the pre-hearing in the PDM’s petition was concluded on June 27, 2019 and presentation of the pre-hearing session report fixed for July 10, while the application for withdrawal was filed on July 9.

The court held that the application having been filed outside the pre-hearing session robbed the court the jurisdiction to entertain it.

The court further held that failure of the applicant to obtain leave of court to file outside the pre-hearing session dealt a fatal blow to the application.

Justice Garba added that the applicant did not also state or show reason or any extreme circumstances to warrant the granting of leave to hear the application outside the pre-hearing session.

He held that since the application did not meet the requirements to evoke the jurisdiction of court, it rendered it a nullity.

“The application was not brought and moved according to relevant laws; the motion is incompetent and likely to fail,” Justice Garba ruled.

Justice Garba further held that political parties are necessary parties in an election matter since they nominate and sponsor candidate for the election.

“In the absence of the party, the proceedings cannot be fair on the 1st petitioner. It is the political parties that contest election as our laws does not give room for individual candidates”, the panel held.

Meanwhile, the tribunal on Thursday set down the mode of hearing in the PDM’s petition.

Hearing of the petition would commence on July 24, with the petitioner calling on its one listed witness and any other. Both petitioners and respondents have one day each to prove their case.

The Tribunal also allotted 10 minutes for examination, 15 minutes for cross-examination and five minutes for re-examination of witnesses, respectively.

The respondents shall have three days after the close of evidence to file their final addresses.

The petitioners shall have three days after the service of the respective final addresses to file their own final presentations.

The respondents shall also have two days each after the petitioners filed their final address to file their replies on points of law.

Habu and the PDM are seeking nullification of the poll that produced President Muhhamadu Buhari as winner of the election on grounds that they were excluded from contesting the poll.