Presidential poll: More trouble for Buhari

…As HDP, PDM, C4C file petitions against him, seek nullification of his election

…Tribunal grants Atiku, PDP leave to serve Buhari through APC

Andrew Orolua, Abuja

It is more trouble for President Muhammadu Buhari, as three more political parties and their presidential candidates have separately approached the Presidential Election Petition Tribunal sitting in Abuja, asking it to void the outcome of the February 23 presidential election.

The latest to have challenged the outcome of the February 23 presidential election are the Hope Democratic Party (HDP) and its presidential candidate, Chief Ambrose Owuru; Peoples Democratic Movement (PDM) and its presidential candidate, Pastor Aminchi Habu and the Coalition for Change (C4C) and its presidential candidate, Jeff Ojinka.

Owuru, Habu and Ojinka in their separate petitions prayed the tribunal to nullify the election of Buhari on grounds of alleged massive rigging of the February 23 presidential election as well as substantial non-compliance with the provisions of the law by the electoral umpire, the Independent National Electoral Commission (INEC).

Respondents in the petitions are President Buhari, APC and INEC. However, unlike in all the other petitions, the C4C had included the Vice President, Prof. Yemi Osinbajo, as the 2nd Respondent, with APC and INEC, 3rd and 4th respectively in its petition.

The HDP and Owuru in their petition marked CA/EPT/PRE/001/2019, dated March 6 and filed March 7 is praying the tribunal to nullify the election of February 23 and the subsequent declaration of Buhari as the winner on the grounds that INEC has no power under any law to shift the February 16 date to 23.

The two petitioners, who claimed to have been excluded from participating in the February 23 poll, averred that the election was invalid by reason of non-compliance with the provisions of the Electoral Act which stipulates the conditions under which election can be lawfully postponed.

Their main grouse was that they were validly nominated for the 2019 general election, but were unlawfully excluded from the said election by INEC which delisted their names and party logo from the ballot papers.

They however asserted that they will at the trial lead evidence and rely on the laws in support of their petitions to establish that the shifting of the election from February 16 to 23 was without the force of law and powers to do so.

Another grouse of the petitioners was that INEC placed a false version of their registered party logo on the ballot papers for elections and that cost them the chances of realising their political ambition in the 2019 general election.

Meanwhile, an ex-parte motion filed by the petitioners seeking to serve President Muhammadu Buhari with their petition and other processes is to be heard at the Court of Appeal in Abuja today, March 28.

The ex-parte motion filed by Yusuf Ibrahim, an Abuja based lawyer, is seeking an order of the court to serve President Buhari by pasting their petition at the Aso Villa Presidential office, the National Secretariat of the APC and at the tribunal’s notice board.

The ex-parte motion followed an affidavit of non-service deposed to by one Abubakar Mohammed, Chief Bailiff of the Court of Appeal, where he claimed that security personnel at the reception of Aso Villa denied him access to enter and effect service on President Buhari on the grounds that there is no directive from the president’s office to that effect.

Similarly both the C4C and the PDM in their different petitions marked CA/PEPC/003/2019 and CA/PEPC/004/2019, respectively, contended that the level of irregularities which characterised the election were so much as to nullify the declaration of Buhari as winner of the presidential poll.

While the petition of the C4C was filed on behalf of the party and Ojinka by their lawyer, Obed Agu on March 19, 2019, that of the PDM and Habu was filed on their behalf by their lawyer, Aliyu Lemu the same March 19, 2019.

Meanwhile, 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 Progressives 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.