(Buhari) CPC Drags Jonathan to Tribunal to enforce ‘Born-to-Rule’ right

Posted by admin CPC (Congress 4 Progressive Change), Goodluck Jonathan (2010-present), Latest Politics, Muhammadu Buhari (1983-85), Party Politics, Presidency, Top Stories Friday, May 6th, 2011

Says presidential poll not credible || True to its promise, the Congress for Progressive Change (CPC) on Friday dragged President Goodluck Jonathan to the Presidential Election Petition Tribunal at the Court of Appeal in Abuja, claiming that the election that returned him as the Nigerian president-elect was not credible.

In its ex-parte application filed by five lawyers – Rickey Tarfa (SAN), James Ocholi (SAN), Abubakar Imam (SAN) and Chief Okoi Ofem Obono-Obla – the CPC is asking the election tribunal to compel the Independent National Electoral Commission (INEC) to allow it access to the documents used in the conduct of the presidential poll to enable it prove its allegations against the president to a logical conclusion.

The CPC claimed that INEC had failed to allow it to access these vital documents in spite of the commission’s letter of April 18, 2011, addressed to the chairman of the party.

The CPC had also named INEC, chief national electoral commissioner Professor Attahiru Jega, Jonathan, Vice-President Namadi Sambo, Peoples Democratic Party (PDP), FCT resident electoral commissioner (REC) and 36 states’ RECs as the 1st, 2nd, 3rd, 4th, 5th, 6th – 42nd as co-respondents to the petition.

The CPC also urged the tribunal to grant its ex-parte application to demonstrate the unfairness of the process that yielded Jonathan and Sambo as the president-elect and vice president-elect respectively.

The party said: “What this translates to respectfully is that a refusal of these reliefs sought by the applicant would essentially truncate the applicant’s desire to vigorously examine the veracity of the claim that the presidential election was free and fair. It is the desire of the applicant expressed through the instant application that the court ought to guarantee the level playing field to the would -be petitioner and the respondents for the purpose of ventilating the applicant’s grievances against the conduct of the presidential election.

“In the light of the above, we humbly urge the court to grant the application in the interest of justice to enable the applicant maintain its petition.”

The petitioner had anchored the petition on 10 grounds, saying that it was one of the registered political parties that contested the presidential election.

It said; “That the candidate sponsored by the applicant was General Muhammadu Buhari, That at the conclusion of the presidential election, Jonathan was purportedly returned by Professor Attahiru Jega as the winner of the said presidential election on April 18, 2011.

“That the applicant is grossly and utterly dissatisfied with the conduct of the presidential elections”

The CPC had attached a 21-paragraph affidavit in support of the petition and explained the reasons why the petitioner came by way of motion ex-parte, thus; “The applicant had written to the 1st and 2nd respondents demanding for the documents used in the conduct of the presidential election but the respondents failed to make the items available even when it had by a letter dated April 18, 2011 undertaken to do so.

“That the application is filed out of abundance of caution and the need to meet with the requirement of the Electoral Act that court order is required for inspection of documents used in the conduct of the election.

“That the applicant’s case is fundamentally based on Direct Data Capturing Machines (DDC machines), ballot paper and ballot boxes used in the presidential election.

“That the 1st, 2nd and 6th to 42nd respondents are the custodian of the DDC machines, ballot papers and ballot boxes that are used in the presidential election of the April 16, 2011 across the nation.

“That unless the DDC machines, ballot papers and ballot boxes are secured by order of this court, they may be tampered with and the applicant’s case will be prejudiced.

“That the applicant would experience extreme difficulty in filing its petition if this motion is not granted.

The CPC who said it was prepared to foot the bill required to process the documents used for the conduct of the Presidential election also told the tribunal that the respondents would not be prejudiced if this applications was granted.

In the ex-parte application, the CPC is asking the tribunal to direct the INEC to allow its lawyers, agents, biometric experts have access to Biometric Data Base of all registered voters in Nigeria for the purpose of checking the ballot papers cast in the states, local governments areas, wards, polling units and to compare them with fingerprints, entries in the Biometric Database already in the custody of INEC for the purpose of making analysis for use in evidence before this Honourable Tribunal.”

Analysts yesterday said that the CPC action was timely on the grounds that section 285 (5) of the 1999 constitution (as amended) states that “an election petition shall be filed within 21 days after the date of declaration of result of the election.”

No date has been fixed for the hearing of the petition.

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