Tribunal Begins Hearing on Atiku, Three Other Petitions against Buhari's Election

The Presidential Election Petition Tribunal on Wednesday commenced hearing on the petitions filed by candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, his party, and three other political parties and their presidential candidates against the declaration of President Muhammadu Buhari and his party-- the All Progressives Congress (APC) as the winners of  the 2019 presidential election.

Atiku and three other presidential candidates are challenging the outcome of the February 23 presidential election in which President Muhammadu Buhari was declared winner by the Independent National Electoral Commission (INEC).

At the inuagural session held at the Court of Appeal, Abuja, Chairman of the five-member panel, Justice Zainab Bulkachuwa, appealled to litigants to shun actions that may put the panel in a negative light.

Bulkachuwa, in her opening remarks,  specifically warned counsel and parties in the various petitions to avoid discussing daily proceedings of the tribunal in the media and other public space.

She stressed that the tribunal would not hesitate to wield the big stick against anyone found culpable in that regard, adding that the task of the tribunal is a serious national assignment and must be seen as such by all.

The chairman, who stressed that no matter how an election was conducted, there are bound to be complaints, hence the establishment of the tribunal to give speedy hearing on such complaints.

Bulkachuwa, disclosed that there are currently 786 petitions against the outcome of the 2019 general election, with Imo State having the highest number of 76 and 6 tribunals.

The presiding judge assured that the panel would be fair to all and would give equal time to all litigants, in its efforts at ensuring that justice is done and done expeditiously in all the cases before it.

Responding, counel in the matters promised to play by the rules and give maximum cooperation to the panel.

While Senior Advocate of Nigeria, Levi Ozoukwu is leading the legal team of Atiku and the PDP, Wole Olanipekun SAN and Lateef Fagbemi SAN are leading that of Buhari and APC respectively.

Other members of the presidential panel include, Justices Abdul Aboki, Samuel Osiji, Joseph Ikyegh and Peter Olabisi-Igeh.

The tribunal in stating that Proceedings would be on a daily basis called the first case, the petition of the Hope Democratic Party (HDP) and his Presidential candidate, Chief Albert Owuru.

At the end of the identification and regularization of processes filed in the HDP petition, Justice bulkachuwa fixed May 14 for pre-hearing of the petition.

In that of Atiku and PDP against INEC, Buhari and APC, the tribunal adjourned the matter to May 15. 

However, the tribunal declined to give definite date for hearing in the petition of Coalition for Change (C4C) and Peoples Democratic Movement (PDM), following the inability of the two petitioners to serve processes on Buhari and other respondents.

Meanwhile, the tribunal declined to hear an exparte application filed by the C4C, praying for substituted service on President Buhari and his Vice, Prof Yemi Osinbajo, following flaws in the motion.

Among others, the tribunal found that the exparte application filed by Obed Agu, was not competent in law because it was not signed, and the seal of the counsel was not fixed as required by law. Adding that there was no affidavit in support of the motion.

Faced with the rejection, the counsel withdrew the application and told the tribunal that a fresh one would be filed in its place.

Atiku, PDP and the others in their various petitions are seeking the nullification of Buhari's victory at the February 23 presidential poll on allegations of widespread rigging, violations of the Electoral Act, suppression of voters, violence amongst other electoral malpractices.

The others include the Hope Democratic Party (HDP) and its presidential candidate, Chief Ambrose Owuru; Peoples Democratic Movement (PDM) and its presidential candidate, Pastor Aminchi Habu and the Coalition for Change (C4C) and its presidential candidate Jeff Ojinka.

Atiku in his petition specifically asked the tribunal to disqualify Buhari winner of the February 23 presidential election, on the grounds that he (Buhari) did not possess the requisite academic qualification to contest for the office of President.

However, Buhari, the APC and INEC in their separate replies have urged the tribunal to uphold their victory at the February 23 poll and dismiss the various petitions on grounds that the allegations against the conduct of the election were baseless, unsubstantiated and lacking in merit.

Buhari in his reply specifically urged the tribunal to disregard Atiku's petition on the grounds that he was not qualified to have contested the election in the first place on the grounds of his nationality.

Meanwhile, Vice Presidential candidate of the PDP, Peter Obi, attended the inaugural sitting at the tribunal. Before announcing his representation on behalf of Atiku Abubakar, he went round to greet all lawyers involved in the petitions, including PDP and APC lawyers.