Updated: Presidential tribunal dismisses Atiku, PDP’s motion to reopen APC objection

…Ends pre-hearing session

...Atiku, PDP open case today

Andrew Orolua, Abuja

The Presidential Election Petition Tribunal on Wednesday dismissed the application brought by Atiku Abubakar and Peoples Democratic Party (PDP), who sought to reopen argument on the unchallenged objection raised by the All Progressives Congress (APC) to the petition.

In a unanimous ruling, the tribunal held that Atiku and PDP application was brought out of the time allowed by law, therefore, it lacked merit, adding that the petitioners cannot be allowed to reopen arguments especially to file counter affidavit to the objection raised by APC because the mandatory seven days allowed by electoral Act to do so has elapsed.

It would be recalled that in response to the petition filed by Atiku and PDP challenging President Muhammadu Buhari election victory of February 23, 2019, the APC had through its counsel, Prince Lateef Fagbemi (SAN), filed a motion dated May 15 in which it prayed the tribunal to strike out the entire petition on the ground that the petitioners did not comply with relevant laws.

Fagbemi (SAN), had on June 11, while moving the motion, prayed the tribunal, in the alternative, to strike out several paragraphs in Atiku’s petition that were vague allegations not supported by law.

Besides, APC listed 10 states contained in Atiku petition where specific allegations unknown to law were made as Borno, Yobe, Niger, Katsina, Bauchi, Jigawa, Kaduna, Kanu, Gombe and Kebbi States.

Although, Atiku and PDP legal team led by Dr. Levi Uzoukwu (SAN) filed a notice of objection to the APC application, the team however failed to file counter affidavit to deny the averments made by APC in its motion.

In the bid to rectify the error, Atiku counsel after the tribunal reserved its ruling on the APC motion, brought an application praying the tribunal to set aside the proceedings of June 11 where the APC unchallenged motion was heard.

The PDP legal team claimed that Atiku and PDP were denied right to fair hearing as the APC created confusion when it withdrew its motion filed May 14 that they had responded to and opted for the motion of May 15 on same issue.

The team urged the tribunal to allow them to reopen argument and to grant them leave to file counter affidavit against the APC motion.

But in his ruling, Justice Mohammed Garba said that there is evidence in the court record that the petitioners/applicant were not denied fair hearing.

He also ruled that the objection filed Atiku and PDP to the APC motion is still life contrary to the submission of APC that it has been abandoned.

Justice Garba held that it was established beyond doubt that Atiku’s legal team was served with APCs motion on May 16, a day after it was filed and that it was a fatal error and mistake for Atiku’s team to have chosen and elected to file only notice of objection but refused to file counter affidavit as required by law to dispute the claims of the APC.

Justice Garba further ruled that the proceedings of June 11 as they relate to the APCs motion challenging the competence of Atiku petition cannot be set aside by the tribunal because the applicant did not provide cogent and verifiable reasons necessary for the grant of such a request.

“We agreed that the court has the power to exercise discretion but in the instant case, the discretion has to be exercised judicially and judiciously and since the petitioner in this matter did not advance cogent and verifiable reasons for exercising discretion in his favour, we hereby refuse to do so,” Justice Garba ruled.

Meanwhile, the tribunal has shifted ruling in all the applications challenging Atiku and PDP petition till the day it will deliver final judgment on the petition.

Justice Garba said the tribunal took the decision shifting the ruling on the eight applications because they are challenging the competence of the petition.

Also on Wednesday, the presidential election petition tribunal presented the report of its pre- hearing session on the petition filed by Atiku and PDP detailing all that transpired during the pre -hearing session.

Justice Garba said that with the report, the pre-hearing sessions have come to an end. He therefore announced that as from today (Thursday), the hearing of the main petition will begin.