The Presidential Election Petition Tribunal on Wednesday dismissed plea by the Peoples Democratic Party and its candidate for the February 23, 2019 general election, Atiku Abubakar, to re-open arguments on All Progressives Congress application seeking the dismissal of their petition.
The News Agency of Nigeria reports that the duo had approached the tribunal challenging President Muhammadu Buhari’s victory in the poll.
Giving ruling, the Chairman of the tribunal, Justice Mohammed Garba, held that the petitioners failed to adduce cogent reasons why such request should be granted.
The tribunal had on June 11 ruled that the petitioners failed to file counter affidavit against APC’s motion seeking dismissal of the petition on accounts of unsubstantiated allegations of non-compliance and malpractices.
Garba said the record of the court showed that the petitioners were duly served with APC’s motion on May 16, adding that they had seven days to file their counter-affidavit but failed to do so.
He held: “The issue of denial of right to fair hearing is therefore baseless because they had earlier responded to the motion.
“The request to set aside the proceedings of June 11 as it relates to the APC’s motion of May 15 is baseless and cannot be granted.
“No cogent and verifiable reasons have been advanced while the petitioners failed to file their counter-affidavit challenging APC’s objection on the petition.
“The mistake or error and abandonment of the decision by the petitioners to file counter-affidavit is fatal and therefore, the discretion of the tribunal cannot be judicially and judiciously exercised in their favour.”
The APC had urged the tribunal to strike out allegations of widespread malpractices made on the conduct of the presidential elections in 10 states from the petition.
The party alleged grave errors, adding that the petition was shrouded in unsubstantiated issues in the 10 states.
The party also claimed that Abubakar merely made vague allegations of electoral malpractices in the 10 states, adding that vague allegations were unknown to law.
NAN reports the 10 states are Borno, Yobe, Niger, Katsina, Bauchi, Jigawa, Kaduna, Kano, Gombe and Kebbi.
The APC had in the motion invited the tribunal to strike out allegations of act of violence leveled against the Vice President, Chief of Army Staff, Nigerian Army, Nigerian Police and several other individuals who were not listed as parties in the petition.
Meanwhile, Garba presented the pre-hearing report marking official closure of the pre-hearing section.
The tribunal therefore fixed July 4 for the commencement definite hearing on the petition.
Trending
- CSOs to EFCC, others: Don’t desecrate the courts while fighting corruption
- Why we’ve not paid stipends of Niger Delta ex-militants – Amnesty Office
- Eko DisCo reiterates commitment to improved service delivery
- Transcorp Hotels sells Calabar subsidiary
- FA, Premier League agree to scrap FA Cup replays
- Alake: Tinubu reforms yielding results
- NAPTIP arrests ‘Reverend Sister’ for allegedly trafficking 38 children
- Breaking: Police allegedly arrest Rivers lawmaker, Fubara loyalist in Abuja