Posted by From GODWIN TSA Abuja on
The Presidential Election Petition Tribunal on Tuesday struck out the name of Chief Edwin Ume-Ezeoke, the National Chairman of All Nigeria Peoples Party (ANPP) as a respondent in the petition filed by the party's presidential candidate in the April 21 polls, General Muhammadu Buhari, who is challenging the election victory of President Umaru Musa Yar' Adua and Vice President Goodluck Jonathan of the Peoples Democratic Party (PDP).
•Grants INEC's request to produce 213 witnesses against Buhari, Atiku
The Presidential Election Petition Tribunal on Tuesday struck out the name of Chief Edwin Ume-Ezeoke, the National Chairman of All Nigeria Peoples Party (ANPP) as a respondent in the petition filed by the party's presidential candidate in the April 21 polls, General Muhammadu Buhari, who is challenging the election victory of President Umaru Musa Yar' Adua and Vice President Goodluck Jonathan of the Peoples Democratic Party (PDP).
This came as the tribunal granted the request by the Independent National Electoral Commission (INEC) to bring 213 additional witnesses to defend the results of the April polls.
INEC had earlier listed former vice president and presidential candidate of the Action Congress (AC), Alhaji Atiku Abubakar and AC National Chairman, Chief Bisi Akande as its witnesses.
But hearing in the petitions brought by and Atiku commenced immediately after the fasting period.
Tribunal Chairman, Justice James Ogebe, who announced the date, said that the tribunal would take the last set of pre-hearing matters by October 8, 2007, and thereafter, set the petitions down for hearing.
Justice Ogebe said the tribunal had given everybody opportunity to present his case, having taking vital motions preparatory to the hearing session.
While granting INEC's request, the tribunal noted: 'The application, though, has some lapses, which ought to have been corrected by the applicant, but in the interest of justice INEC is given the opportunity to expand its list of witnesses."
The tribunal has, however, awarded a cost of N20, 000 against INEC applicant, in favour of Atiku who opposed its application.
Justice Ogebe also said that Atiku's counsel, Chief Emeka Ngige (SAN), would have the opportunity to react to the new list of witnesses by INEC and call more witnesses. INEC, through its counsel, Chief Kanu Agabi (SAN), had opposed the application on the grounds that it would overreach it as it had closed its depositions based on the earlier list of two witnesses. It argued that the application was filed out of time and therefore, incompetent.
The decision of the tribunal to strick Ume-Ezoke's name followed. He told the tribunal that he was authorized by the leadership of the party to withdraw from the petition.
The party, which filed a separate petition from its presidential candidate, had earlier withdrew its petition following its decision to participate in the Government of National Unity (GNU) in the administration of President Musa Yar' Adua.
Counsel to Ume-Ezoke, Chief Chimezie Ikeazor (SAN) who moved the motion, explained the withdrawal of his client from the petition on the instruction of the leadership of the party.
In a swift reaction, Buhari faulted the claim by Ume-Ezoke that he had the instructions of the party to withdraw from the petition, describing it as untrue.
Speaking through his counsel, Chief Mike Ahamba (SAN), Buhari advised Ume-Ezoke to resign as the party chairman since he has decided to withdraw from the party's petition.
According to Ahamba, 'the Board of Trustees of the party has said that they never asked him (Eze-oke) to resign from the petition. He should resign as the chairman of the party since he has decided to withdraw from the petition."
However, Justice Ogebe struck out the name of Ume-Ezoke as the 2nd respondent from the petition after hearing Chief Ikeazor.
He said that such interrogation at the preliminary stage of the petition would affect the evidence to be given by witnesses.
Meanwhile, the tribunal has turned down the request by confront the Chairman of (INEC Professor Maurice Iwu, on the conduct of the April elections.
Atiku had filed an application to interrogate the INEC chairman on his unlawful exclusion from the election and the ballot papers used for the election.
Atiku's counsel, Professor Alfred Babatunde Kasumu (SAN), had told the tribunal that 'Iwu is not on the list of witnesses listed to give evidence at the tribunal and we want him to provide answers to some questions."
Atiku had asked Iwu to explain how he was able to distribute the ballot papers nationwide within the short space of time.
'It is our case that the ballot papers arrived the country from South Africa on the eve of the election, but they claim that they came three days before the elections.
'If this application for interrogatory is granted, the time of the tribunal would not be wasted in determining the petition.
'I urge the tribunal to grant our prayers and strike-out the respondents' objections"
Counsel to Yar'Adua, Mr. Damian Dodo (SAN), objected to the application.
INEC and the PDP which were also respondents in the case, objected to the application.
In his ruling, the tribunal chairman turned down Atiku's request on the grounds that the questions the petition sought to put to Iwu could also be directed to the witnesses in the case when they are called.