The Presidential Election Petition Tribunal sitting in Abuja yesterday summoned the Chairman of the Independent National Electoral Commission (INEC) Chairman to come and explain the allegations of electoral malpractices at the last Presidential election by the Congress for Progressive Change (CPC).
The chairman of the tribunal, Kumai Akaahs, issued the subpoena on the commission chairman to appear before it in his official capacity to give evidence in the petition filed by CPC.
The order was made when counsel to the CPC, Oladipo Opeseyi informed the tribunal that lawyers on both sides have agreed that the subpoena be served on the INEC chairman Attahiru Jega on his official capacity.
Counsel to the commission, Onyechi Ikpeazu, said he will accept service of the subpoena on behalf of the commission for the Director of Legal service and he was served the process at the tribunal yesterday.
The petitioner had in a motion ex-parte for substituted service complained that it is finding it difficult to serve the subpoena on the chairman. It alleged that Jega is evading service to frustrate its petition.
In a motion brought pursuant to Order 6 Rule 5 and Order 56 Rule 1 of the Federal High Court Civil Procedure Rules 2009 and paragraph 48 (4) of the first schedule to Electoral Act 2010 as amended, the CPC is praying for an order to serve Jega by substituted means.
The party is urging the court to allow it serve Mr. Jega the subpoena by advertising it in two national newspapers and pasting it on the notice board of the Court of Appeal, Abuja, where the tribunal is sitting.
Besides, it is seeking "an order deeming the substituted as having been duly effected upon proof of advertisement of the subpoena in the two national newspapers.
And such further orders as the court may deem fit and proper to make in the circumstances of the case".
In an affidavit in support of the motion ex-parte deposed to by Daisy Anagende, the CPC said that on September 15, a bailiff of the court, Abubakar Mohammed, attempted to effect personal service of the subpoena on the director in his office but he evaded service.
The party alleged that despite the fact that the bailiff introduced himself, he was denied entry.
CPC said: "On September 15 when Mr. Abubakar Moh'd, a bailiff of this court, attempted to effect personal service of the subpoena on the 2nd respondent at his office located at INEC Headquarters, Maitama, Abuja, he was frustrated.
"On 15th September 2011, when Mr. Abubakar Moh'd, a bailiff of this court, attempted to effect personal service of the subpoena on the 2nd respondent at his office located at INEC Headquarters, Maitama, Abuja, he (the bailiff), despite the fact that he introduced himself as the bailiff of this honourable court, was refused entry into the premises of INEC by agents of the 2nd respondent".
The CPC however withdraw the motion yesterday after all counsel agreed that the process be served on Mr. Jega on his official capacity and the tribunal strike out the motion.
PDP debunk threat
At yesterday sitting the People's Democratic Party (PDP) send a high powered delegation led by acting national chairman Kawu Baraje to the presidential election petition tribunal saying that the election of President Goodluck Jonathan was not under any threat.
The delegation claimed that both the President and the party have a good case to counter the CPC petition and render it baseless to ensure a free and fair judicial victory.
The acting chairman who fielded question from newsmen on behalf of the delegation said that members of PDP nation-wide and even world -wide are confident that the election of the President by Nigerians would be upheld by the tribunal in its final verdict because it was free and fair and without any form of rigging.
Mr. Baraje delegation comprised the immediate past national chairman of the party and now Minister of Defence, Mohammed Haliru Bello, Minister of Interior Abba Moro, Minister of Police Affairs Elder Caleb Olubolade and PDP National Legal Adviser Olusola Oke.
The CPC filed a petition at the tribunal to challenge the result of the April presidential poll, alleging irregularities and non-compliance with the 2010 electoral act. The party is contesting the result of the election in about 20 states of the federation and is to call 151 witnesses to prove its case.
Joined as defendants in the suit are the Independent National Electoral Commission (INEC), 1st defendant; chairman of INEC, Attahiru Jega (2nd defendant); winner of the election and Nigerian president, Goodluck Jonathan (3rd defendant); his deputy, Namadi Sambo (4th defendant); the Peoples Democratic Party (5th defendant) and the Resident Electoral Commissioners for the 36 states, including the Federal Capital Territory, (6th-42nd respondent).
234Next Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com