The Presidential Election Petition Tribunal (PEPT) on Wednesday commenced hearing in the petition filed by the Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, his party, and three other political parties and their presidential candidates challenging the declaration of President Muhammadu Buhari by the Independent National Electoral Commission (INEC) as the winner of the February 23, 2019 presidential election.
The President of the Court of Appeal, Justice Zainab Bulkachuwa, in her inaugural speech called for the cooperation of all stakeholders, especially counsel in the matter by avoiding actions that may put the panel in a negative light.
“We expect the proceedings to be conducted with decorum, high sense of responsibility, dedication and patriotism in our quest to arrive at just decisions in all the petitions before us,” Justice Bulkachuwa stated.
The Appeal Court president, who is heading the five-member panel of the tribunal warned counsels in the matter against hyping the polity after sitting by making public analysis in the media of what happened in court.
She said, any breach will not be condoned as necessary action will be taken against any offender, just as she assured that the tribunal will work in accordance and within the dictates of the constitution, the law and international best practices to dispense justice to all without fear or favour, affection or ill-will.
The chairman of the tribunal, who stressed that no matter how an election was conducted, there are bound to be complaints, hence the establishment of the tribunal to look into the complaints in a speedy manner.
Bulkachuwa disclosed that there are currently 786 petitions against the outcome of the 2019 general elections, with Imo state having the highest number of 76, which she said necessitated the posting of six panels to the state.
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Responding, counsels in the matters promised to play by the rules and give maximum cooperation to the panel.
While Livy Ozoukwu (SAN) led a team of lawyers for Atiku and his party, Wole Olanipekun (SAN) led Buhari’s legal team, Yunus Ustaz Usman (SAN) led the team for INEC and Lateef Fagbemi (SAN) led the legal team for the All Progressives Party (APC).
Other members of the Presidential Election Petition Tribunal panel include Justices Abdul Aboki, from the Abuja Division of the Court of Appeal, Samuel Osiji, Lagos Division, Joseph Ikyegh, from Benin Division and Peter Olabisi-Igeh from the Abuja Division of the Appeal Court.
The tribunal, in stating that proceedings would be on a daily basis called the first case, the petition of the Hope Democratic Party (HDP) and his Presidential candidate, Chief Albert Owuru.
At the end of the identification and regularisation of processes filed in the HDP petition, Justice Bulkachuwa fixed May 14, 2019 for pre-hearing of the petition.
In that of Atiku and the PDP against INEC, Buhari and APC, the tribunal adjourned the matter till May 15 and however, declined to give definite date for hearing in the petition by the Coalition for Change (C4C) and that of the Peoples Democratic Movement (PDM) and their presidential candidates, following the inability of the two petitioners to serve processes on Buhari and other respondents in their petition.
Meanwhile, the tribunal declined to hear an ex-parte application filed by the C4C, praying for substituted service on President Buhari and his Vice, Prof Yemi Osinbajo, following flaws in the motion.
The tribunal found, among others that the ex-parte application filed by Obed Agu, counsel to the C4C was not signed, the seal of the counsel was not fixed as required by law and that, there was no affidavit in support of the motion.
Faced with the rejection, the counsel withdrew the application and told the tribunal that a fresh one would be filed in its place.
Atiku and his party, HDP and its presidential candidate, C4C and its presidential candidate, Geff Chizee Ojinika and Pastor Aminchi Habu and his party, PDM had petitioned the tribunal challenging the election of President Buhari in the 2019 presidential election.
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