the petition presented by the People’s Democratic Party (PDP) and its presidential candidate Alhaji Atiku Abubakar, challenging his victory in the presidential election on February 23rd.
Moreover, the court has eliminated the petition presented by the Coalition for Change that challenged the election of Buhari following the withdrawal of the petitioner.
Latestalert recalls that the Independent National Electoral Commission, INEC, has declared Buhari the winner of the presidential poll.
Atiku and his party had, in their petition, which has the INEC, Buhari and APC as the first defendants, asked the court to annul the election of Buhari based on alleged negligence and a serious violation of the 2010 electoral law , as amended.
When the Tribunal resumed hearing in the matter Monday, counsel to the electoral body, Yunus Ustaz Usman asked the tribunal to dismiss the petition challenging Buhari’s declaration as winner of the said election on the ground that it failed to comply with paragraph 18 (1) first schedule of the Electoral Act.
In his second application, INEC’s lawyer asked the tribunal to strike out some parts of the petition and at the end of the day, the entire petition.
He also asked the five-member panel of the tribunal to strike out Atiku and PDP’s petition for failure to join the Vice President, Prof Yemi Osibanjo, in the suit.
In his own submission, counsel to President Buhari, Chief Wole Olanipekun (SAN) prayed for the dismissal of the entire petition filed by Atiku and his party.
He also prayed for the striking out of the reply filed by the petitioner to the reply of the respondents’ application.
Prince Lateef Fagbemi (SAN), representing the APC, in his submission, told the tribunal that he has three applications praying for the striking out of the entire petition or striking out of some paragraphs of the petition.
However, counsel to PDP, Levy Uzoukwu SAN, told the court that it has five pending applications. One of which was challenging preliminary objection to the respondents’ applications praying to strike out the substantive matter.
The tribunal, now headed by Justice Mohammed Lawal Garba, of the Lagos Division of the Court of Appeal, after hearing the submissions of counsels in the matter, adjourned to tomorrow to hear all the pending applications from both the APC and PDP.