Presidential election: Court reserves ruling on Jonathan’s objection to CPC petition

Posted by admin Presidency Wednesday, July 6th, 2011

The Presidential Election Petition Tribunal sitting as the Court of Appeal in Abuja, on Wednesday, reserved ruling in the objection filed by President Goodluck Jonathan and Vice-President Namadi Sambo against the petition of the Congress for Progressive Change (CPC).

CPC had, through its counsel, Ebun Shofunde (SAN), filed a petition before the panel, headed by the President of the Court of Appeal, Justice Ayo Salami.

The petitioner had, among other reliefs, asked the tribunal to nullify the April 16 presidential election and order a re-run between the CPC and Jonathan.

Arguing the objection yesterday, counsel for Jonathan and Sambo, Chief Wole Olanipekun (SAN), referred the court to paragraph four of the petition which stated that the result of the presidential election was declared on April 18, 2011 adding that Section 285 (5)(a) of the 1999 Constitution as amended provided that election petition should be filed within 21 days after the date of declaration of result.

Olanipekun stated that, 21 days after April 18 lapsed on Tuesday May 10 and not Sunday, May 8 when the petition was filed.

He further submitted that there was no compelling circumstance that warranted the filing of the petition on a Sunday.

Olanipekun who cited the provision of Order 56 Rule 7 of the Federal High Court civil procedure rule stated that it was only at the directive of the chief judge that the court registry could be opened on Sunday and public holidays.

He stated that the petitioner failed to attach an affidavit showing that the president of the Court of Appeal gave a directive that the registry be opened on the said day.

Furthermore, Olanipekun argued that relief of the petitioner which is seeking for an order of the court to compel the Independent National Electoral Commission (INEC) to arrange another election between CPC and Jonathan was unconstitutional and could not be granted by the court.

-Tribunewp_posts