The presidential election
petition tribunal has so far delivered at least nine rulings ahead of the final
judgement on the petition challenging the outcome of the presidential election.
Before it went on a break at past
1pm, the tribunal sitting in Abuja dismissed a motion filed by the Independent
National Electoral Commission (INEC) alleging that Livy Uzoukwu, lead counsel
of Atiku Abubakar of the Peoples Democratic Party (PDP), is not a legal
practitioner.
The tribunal held that the claim
is unfounded and that Uzoukwu was called to the Nigerian Bar and was conferred
on the title of senior advocate of Nigeria (SAN) in 1992.
The other rulings given so far
include:
INEC’S CLAIM THAT OSINBAJO SHOULD
HAVE BEEN JOINED IN THE SUIT DISMISSED
Citing section 178 of the 1999
constitution, the tribunal said there is no need for Osinbajo to be joined in
the matter. “The vice-president was nominated by the presidential candidate,”
the lead justice said.
INEC’S REQUEST TO STRIKE OUT SOME
OF PDP’S WITNESSES DENIED
INEC had in another motion asked
the tribunal to strike out some of the documents and witnesses brought forward
by the PDP and Atiku. The court, however, refused this prayer.
ATIKU’S RIGHT TO PETITION AGAINST
BUHARI’S VICTORY AFFIRMED
INEC had requested the tribunal
to dismiss Atiku’s prayer seeking Buhari’s disqualification on the grounds that
he was not qualified to contest the election, saying it is a pre-election
matter.
The tribunal, however, held that
the issue is not a pre-election matter, and that it is accepted based on the
provisions of the electoral act 2010 as amended.
It ruled that section 138 (1)(a)
of the electoral act allows for the filing of the petition relating to the
allegation of false information
CLAIMS THAT BUHARI INDUCED VOTERS
WITH GOVT FUNDS DISMISSED
The tribunal also struck out some
paragraphs of the petitions filed by the PDP and Atiku in which they accused
Buhari, the second respondent, and Osinbajo of using government funds to induce
voters.
It agreed with the submission of
Buhari’s counsel that it has no jurisdiction over the matter and that the court
lacks power to try those accused of using government funds for purposes they
were not appropriated for.
ATIKU’S MOTION INDICTING SECURITY
OPERATIVES DISMISSED
The tribunal dismissed parts of
the application filed by the PDP and Atiku accusing the security agencies of
rigging the election in favour of Buhari.
It upheld a submission submitted
by INEC that the PDP and Atiku should have joined the security agencies in
questions in the suit filed.
ATIKU QUALIFIED TO FILE THE
PETITION
The tribunal also dismissed a
contention by Buhari that Atiku was not qualified to file the petition
challenging his election.
It ruled that the petitioners
have every right to present their petitions to the court in line with the
provisions of the electoral act 2010 as amended. It also said there is no inconsistency in the petition as
submitted by the PDP.
ATIKU’S ARGUMENT ON USE OF CARD
READERS AFFIRMED
The tribunal ruled against the
motion filed by Buhari, challenging Atiku’s argument on the non-use of the
smart card reader and other electronic devices. It held that the use of card
reader is a valid component of the electoral process.
ATIKU’S CLAIM THAT THE APC ABUSED
COURT PROCESS DISMISSED
The tribunal also dismissed the
motion filed by the PDP and Atiku alleging abuse of court process, relating to
an application filed by the APC, the third respondent.
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