22nd July, 2011
The Peoples Democratic Party has challenged the decision of the presidential election tribunal to hear the petition of the Congress for Progressive Change, CPC,which it filed on a Sunday where the party is challenging the election of President Jonathan at the last April Presidential election.
In a notice of appeal filed before the Supreme Court, the lawyer representing the party, Chief Joe-Kyari Gadzama says the learned justices of the tribunal erred in law when they held that the petition of the Congress for Progressive Change filed on a non-working day was validly filed.
Citing relevant sections of the federal high court civil procedure rules, chief Gadzama claimed that the Chief Judge is only permitted to give directions as to sitting on a Sunday and not filing of a process.
He argued that the Federal High Court Civil Procedure Rules leaves no room for the discretion of the Chief Judge of the Federal High Court or the President of the Court of Appeal to direct the filing of a court process on a Sunday.
The party therefore prayed the Supreme Court to set aside the ruling of the tribunal in addition to dismissing the petition of the Congress for Progressive Change as being incompetent.
No date has been fixed for the hearing of the appeal.
By Nnamdi Felix / AbujaÂ