The Peoples Democratic Party (PDP) and its candidate in the February 23 presidential election, Atiku Abubakar, Wednesday, got a repreive from the Presidential Election Petition Tribunal sitting at the Appeal Court, Abuja, to serve the winner of the election, Muhammadu Buhari and his party, the All Progressives Congress (APC) by substituted means.
The petition and other processes are to be served on the President through the national secretariat of the APC at Wise 2, Abuja, the tribunal said.
Counsel to the PDP and Atiku, Chris Uche, while moving the ex-parte motion, prayed the tribunal to grant the request because the applicants found it impossible to effect personal service on the respondent, President Buhari.
Uche also informed the court that it is in the interest of justice that the request should be granted.
The ex-parte application was presidcated on seven grounds and 17- paragraph affidavit as well as further affidavit of five paragraphs.
In his ruling, the lead judge of the three man panel, Justice Abdul Aboki, said that the court granted the request of the petitioners in the intrest of justice.
According to him: “After carefully reading the affidavit and the grounds upon which the ex-parte application was predicated, the court is convinced that it is in the interest of justice that the request of the two petitioners be granted ”
”Consequently the court orders that Buhari being the second respondent in the petition be served with the petition through any of the senior officials of the All Progressives Congress At its Abuja national Secretariat.”
Atiku is asking the tribunal to declare him as the winner of the presidential election having scored majority of the lawful votes cast in the election.
Alternatively, he and his party are asking the tribunal to annul the election that returned President Buhari as President and order the Independent National Electoral Commission (INEC) to conduct a fresh election.
Atiu had earlier filed a petition challenging the declaration of President Buhari as the winner of the February 23 presidential election.
Meanwhile, the court held that as the respondent, President Buhari, has not been formally and personally served with the petition as required by law, it was improper to fix a date for hearing
