Tribunal Dismisses INEC, Buhari's Motion against PDM's Petition
The Presidential Election Petition Tribunal (PEPT) has
dismissed two separate applications seeking the dismissal of the petition of
the Peoples Democratic Movement (PDM) against the outcome of the February 23
presidential election which produced President Muhammadu Buhari as the winner.
The candidate of the PDM, Aminchi Habu, and the PDM
are challenging their exclusion from the presidential poll.
They are asking the tribunal to nullify the February
23 presidential poll and conduct a fresh one which would include them.
However, both the Independent National Electoral
Commission (INEC) and President Buhari in response to the petition had urged
the tribunal to dismiss the PDM petition on the grounds of non-compliance with
section 18(1) of the 1st Schedule of the Electoral Act.
In their separate motions, counsel to INEC and Buhari,
Yunus Usman (SAN) and Chief Wole Olanipekun (SAN) claimed that the petitioners
failed to apply for pre-hearing notice of their petition within the 7 days required
by law.
Usman in his submission said the application not filed
within time is deemed to have been abandoned and asked the tribunal to dismiss
the petition.
But the petitioners in opposing the motions claimed
that the application was made well within the time provided by law.
Counsel to the petitioners, Aliyu Lemu, accordingly,
urged the tribunal to dismiss the motions for being frivolous and lacking
merit.
Delivering ruling, the tribunal however dismissed the
two applications for being unmeritorious.
The panel held
that findings from its own record showed that the application of petitioners
was actually made a day after pleadings were closed in the petition.
The tribunal held that pleadings closed on April 29
with the last reply of the 1st respondent, while the petitioners had applied
for the notice of pre-hearing on April 30, "well within the 7 days
provided by law"
"The petition cannot be deemed to have been
abandoned. Application is lacking in merit, it is accordingly refused and
dismissed," Justice Garba held.
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