President Muhammadu Buhari and his party, the All Progressives Congress (APC) on Monday asked the Presidential Election Petitions Tribunal, sitting in Abuja, to strike out the petition filed by the Peoples Democratic Party (PDP) and its Presidential candidate, Atiku Abubakar challenging their election victory at the February 23, 2019 general election.
The Independent National Electoral Commission (INEC) had declared Buhari winner of the presidential election.
Just is as the tribunal dismissed the petition filed against Buhari’s victory by the Coalition for Change (C4C).
The party withdrew its petition which necessitated the panel to strike it out.
Atiku and his party had, in their petition, which has INEC, Buhari and the APC as first to third respondents asked the tribunal to nullify Buhari’s election on the ground of alleged malpractices and gross violation of Electoral Act 2010, as amended.
At the resumed hearing in the matter on Monday, counsel to INEC, Yunus Ustaz Usman asked the tribunal to dismiss the petition challenging the electoral victory of Buhari on the ground that it failed to comply with paragraph 18 (1) first schedule of the Electoral Act.
In his second application, INEC 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 pf the tribunal to strike out Atiku and PDP’s petition for failure to join the Vice President, Prof Yemi Osibanjo.
In his own submission, counsel yo 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.
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 if some paragraphs of the petition.
On its part, Atiku and the PDP’s counsel, Levi Uzoukwu, also told the tribunal that he has applications urging the tribunal to strike out respondents’ applications filed against against the petition.
The tribunal, now headed by Justice Mohammed Lawal Garba of the Lagos Division of the Court of Appeal, after hearing the submissions of counsel in the matter, adjourned till Tuesday to take all the pending applications.
Meanwhile, the tribunal dismissed the petition of the Coalition for change (C4C) against the victory of Buhari
The dismissal was sequel to an application for withdrawal of the petition filed by the petitioners on June 10, 2019.
When the matter was called Monday, lawyers to Buhari and the All Progressives Congress (APC) Olanipekun and Fagbemi, informed the court that their clients were yet to be served with a copy of the petition.
Chief Olanipekun said at the last adjourned date the panel had granted an application for substituted service but that up till this morning, the petitioners were yet to serve the processes on the first defenfant.
In his response, counsel to C4C, Obed Aguh, informed the tribunal that an application for the withdrawal of their petition against the election of President Buhari was filed on Monday morning but yet to be served on the respondents.
However, following the non objection of the application, Chairman of the panel, Justice Garba, accordingly dismissed the suit.
Felix Omohomhion, Abuja
