Posted by By Tobi Soniyi, Abuja on
The Presidential Election Tribunal on Thursday in Abuja dismissed the objections filed by President Umaru Yar'Adua, the Peoples Democratic Party and the Independent National Electoral Commission, challenging the competency of former Vice-President Atiku Abubakar's petition.
The Presidential Election Tribunal on Thursday in Abuja dismissed the objections filed by President Umaru Yar'Adua, the Peoples Democratic Party and the Independent National Electoral Commission, challenging the competency of former Vice-President Atiku Abubakar's petition.
The tribunal, in an unanimous decision, held that the petition filed by Abubakar and his party, the Action Congress, was competent and would be heard in its merit.
It consequently held that it had the jurisdiction to hear the petition challenging the April 21 election of President Yar'Adua and Vice-President Goodluck Jonathan.
Presiding Justice James Ogebe said, 'This panel has full jurisdiction to entertain this petition to enable parties ventilate their grievances.
'The preliminary objection raised to the petition failed and they are hereby dismissed."
The panel, which comprised five justices, gave two reasons for dismissing the preliminary objections.
The first reason is that the objection was raised out of time as parties have already take issues in the case.
'Paragraph 49 (2) of the second schedule to the Electoral Act 2006 states that application of this nature shall not be allowed when parties have joined issues,‘‘ Ogebe said.
The judges also unanimously held that the issues raised in the preliminary objections bordered on the substantive petitions.
Ogebe said, 'Issues that call for the dissecting of the main case must not be entertained at the preliminary stage."
In a swift response, counsel to Yar‘Adua, Chief Wole Olanipekun (SAN), said that they would appeal the decision of the tribunal.
Meanwhile, the tribunal has said that it will work out the possibility of consolidating Abubakar's petition with that of the All Nigeria Peoples Party's presidential candidate, Maj-Gen. Muhammadu Buhari, on September 25.
'We have decided to adjourn this petition to the same date with that of Buhari so that we can take final position on the consolidation of the two cases," Ogebe said.
In a related development, Abubakar has said that he is seeking the tribunal's recommendation of INEC Chairman, Prof. Maurice Iwu, for criminal prosecution over the roles he played in the April poll.
His counsel, Prof. Babatunde Kasumu, said that they joined Iwu in his personal capacity in the petition to achieve this goal.