Posted by By GODWIN TSA Abuja. on
Former Head of State and presidential candidate of the All Nigeria Peoples Party (ANPP) in the last general election, Major General Muhammadu Buhari, has accused the Nigeria Police Force of a deliberate attempt to abort the hearing of his petition seeking to nullify the election victory of President Umaru Musa Yar' Adua and Vice President Goodluck Jonathan.
Former Head of State and presidential candidate of the All Nigeria Peoples Party (ANPP) in the last general election, Major General Muhammadu Buhari, has accused the Nigeria Police Force of a deliberate attempt to abort the hearing of his petition seeking to nullify the election victory of President Umaru Musa Yar' Adua and Vice President Goodluck Jonathan.
He made the allegations as the immediate past Vice President, Atiku Abubakar of the Action Congress (AC), lost his bid to shut out the Independent National Electoral Commission (INEC) from the hearing of his petition against President Yar' Adua, his vice and their political platform, the Peoples Democratic Party (PDP).
Atiku had through an application he initiated before the presidential election tribunal prayed it to enter judgment against the electoral body.
The application was prompted by the perceived delay of the INEC to file its reply to his petition which, he argued, amounted to admission of all the allegations he raised against the conduct of the April 21 elections.
The AC presidential candidate, who is challenging the outcome of the election, asked the tribunal to nullify it on the ground that INEC did not conduct the polls in strict compliance with the requirements of the 1999 Constitution and the Electoral Act 2006.
But at the resumption of hearing in four petitions on Monday, it was discovered that the electoral commission had filed its reply to the issues raised by Atiku in his petition.
Following the position of the Tribunal that the INEC reply was filed timeously, counsel to Atiku, Professor Alfred Kasumu (SAN), told the tribunal that he was withdrawing it.
Accordingly, the Chairman of the tribunal, Justice James Ogebbe, struck out the application.
Atiku's running mate in the presidential elections, Senator Ben Obi, was present at the tribunal.
Besides accusing the Nigeria Police Force of attempts to frustrate the hearing of his petition, Buhari also told the tribunal that the Inspector General of Police has lost the opportunity to respond to the allegations he leveled against the police in his petition against the outcome of the last presidential election.
Buhari, who was physically present at the Monday sittings, has, among other allegations, accused the police of bias in its activities during the election.
Counsel to Buhari, Chief Mike Ahamba (SAN), told the tribunal that the IGP, as one of the respondents, did not file his reply within time, which would be taken that he had not responded to all the allegations he leveled against the police.
Ahamba had informed the tribunal of his intention to object to an application by the police to have their reply accommodated and deemed as filed within time, when it is moved today.
Meanwhile, the tribunal has announced that all its pre-trial conference would end on August 21, 2007, to set a stage for the commencement of the full hearing of the petitions before it.
On the petition by Atiku, Professor Kasunmu (SAN) who led Rickey Tarfa (SAN) and Emeka Ngige (SAN), obtained the court's nod of approval for his motion dated August 8, in which the former number two man had asked the tribunal to give judgment in its favour withdrawn since the tribunal had acceded to the prayers made by Chief Kanu Agabi (SAN), INEC's lawyer and another filed by Miss Lami Jibrin, counsel to the Chief of Defense Staff, that their replies filed yesterday be deemed as properly filed and served.
The tribunal adjourned further hearing on the matter to next week Tuesday.
In the case of the petition filed by Chief Arthur Nwankwo, serious drama bothering on the service of the petition ensued as counsel to President Yar' Adua and Vice-President Jonathan, Mr. Yusuf Ali (SAN) who claimed that though he had undertaken to receive services on behalf of his client, still maintained that he was yet to receive a copy of the petition.
Chief Nwankwo's lawyer, Mr. Nnabuike J. Edechime, brought out a copy of the endorsement made by one Mr. Friday Izinyon, who he claimed collected the petition on behalf of Dr. Alex Izinyon (SAN) on the last hearing.
Ali denied the service and claimed that no Friday is on their legal team and that the purported endorsement was dated 19th August, a date that is yet to arrive. The tribunal chairman, Justice James Ogebe then asked Edechime to provide another copy of the petition in the courtroom, which was done before adjournment to August 22.
On the petition by Ojukwu, Mr. Ali told the court that he had fined a motion filed August 3, in which he was asking that the petition be quashed for lack of jurisdiction.
He said a counter motion to the prayer by Ojukwu through Mr. U. E. E. Nnaji, was given to him early yesterday morning.
Further hearing on the matter was adjourned to next week Thursday, August 23.