Presidential Election Tribunal: CPC Suffers Setback

Hearing in the presidential election petition initiated by the Congress for Progressive Change (CPC) suffered a setback on Tuesday, when the petitioner withdrew its earlier application to inspect electoral documents.

The five-man panel headed by the President of the Appeal Court, Justice Isa Ayo Salami, consequently struck out the application.

In its place, CPC filed a new motion seeking the leave of the tribunal to obtain some vital electoral documents from the Independent National Electoral Commission (INEC).

According to the petitioner, the new motion is the fulcrum on which the main petition will revolve.

At the inaugural sitting of the panel, Counsel to CPC, Mr. James Ocholi, SAN, had informed the court that he would like to withdraw the earlier application on technical ground and substitute it with a fresh one filed on May 16.

He added that he was not aware of the court’s directive that the respondents should be put on notice following the initial motion the petitioner brought by way of ex-parte.

Chief Adegboyega Awomolo, SAN, counsel to INEC, did not object to the application, but urged the court to afford all parties to file better and further affidavit in response to the new motion.

Counsel to President Goodluck Jonathan and Vice President Namadi Sambo, Chief Wole Olanipekun, SAN, who led other nine senior advocates did not also oppose the application.

He, however, prayed the court to allow the petitioner effect the service of the motion on the counsel instead of going through the registry.

Chief Joe Gadzama, SAN, counsel to the PDP did not also oppose the withdrawal of the petitioner’s earlier application.

The president of the tribunal, therefore, struck out the earlier motion dated May 6 and adjourned hearing in the fresh application filed on May 16 till May 23.

Salami further ordered that all respondents should be put on notice, saying that service should henceforth be through counsel to counsel to avoid delay.

The News Agency of Nigeria (NAN) reports that other members of the panel are Justices M.L. Garba, M.A. Owoade, I.I. Agbube and Obande Ogbuinya.

Speaking to newsmen after the proceedings, Ocholi said the fresh application was premised on 15 grounds.

“We are seeking the leave of the panel to compel INEC to bring some vital documents that will maintain the main appeal,” he said.

On his part, Olanipekun said the presidential legal team was not afraid of the petitioner’s request.

“We are going to defend our clients based on substantial proof and not issues based on abstract. The petition, as far we are concerned, is based on abstract and not facts,” he said.