Presidential election tribunal dismisses Jonathan, PDP’s objection to CPC petition

Posted by admin Goodluck Jonathan (2010-present), Presidency Thursday, July 14th, 2011

The Presidential Election Petition Tribunal sitting at the Court of Appeal, Abuja, on Thursday, dismissed the preliminary objection brought before it by President Goodluck Jonathan and the Peoples Democratic Party (PDP), asking it to strike out the petition filed against them by the Congress for Progressive Change (CPC).

Consequently,the chairman of the tribunal, Justice Ayo Salami, adjourned further hearing of the petition till August 1, 2011 and re-stated its earlier order of May 24, 2011 that the Independent National Electoral Commission (INEC) should allow CPC unfettered access to the election materials for the purpose of forensic examination and analysis.

However, PDP’s counsel, Chief Joe-Kyari Gadzama (SAN), told newsmen that the party would appeal against the decisions of the tribunal at the Supreme Court, noting that the appeal would not disturb the hearing of the petition at the tribunal.

The CPC had, through a petition, challenged the presidential election of April 16, 2011 which produced Jonathan and Namadi Sambo as president and vice-president of Nigeria and sought for the nullification of the said election.

Counsel for President Jonathan and Vice-President Sambo, Chief Wole Olanipekun (SAN) and counsel for PDP, Chief Joe-Kyari Gadzama (SAN), had asked the tribunal to throw out the CPC’s petition for being a nullity having been filed on a Sunday, May 8, 2011, which they submitted was a non-working day and that the registry of the court, under the applicable rules does not open on a Sunday for transaction of any business.

They further argued that the petition was not properly constituted because General Muhammadu Buhari and Pastor Tunde Bakare for whose benefit the petition was filed were not made parties to the petition.

Jonathan and Sambo said that the court lacked the jurisdiction to entertain the petition because some of the grounds relied upon by the petitioner were pre-election matters which could not be determined by an election tribunal.

The President of the Court of Appeal, Justice Isa Ayo Salami while delivering the ruling of the Tribunal yesterday said the days of technicalities are over and that the Tribunal will hear and determine the petition based on its merit.

The Tribunal held that the Respondents will have nothing to lose by the petitioner filing its petition on a Sunday adding that notwithstanding the provision of the Public Holiday Act, the Permanent Secretary may, in the interest of the public request any person to perform official functions on a Saturday, Sunday or public holidays.

“If it is in public interest, public servants can work on weekends. Public interest means, that election petition should be dealt with expeditiously. Even the Electoral Act reflected on this”, Justice Salami stated and resolved the issue in favor of the petitioner (CPC).

On non joinder of Buhari and Bakare as parties in the petition, the Tribunal held that the Electoral Act gives political parties the powers to file election petition, saying that, “the Electoral Act recognizes the in-alienable right of the party to file a petition at the Tribunal, so, it cannot be struck out for non joinder of Buhari/Bakare. This court has the jurisdiction to hear and determine the petition, even without joinder of the two persons”.

The Tribunal however agreed with the PDP in some areas of its objection by striking out paragraph 14 (a-d) of the CPC petition which made mention of some allegations against the Nigeria Police Force, Civil Defence and the Nigerian Army without joining them in the petition so as to enable them explain their roles during the election.

-Tribunewp_posts