Tribunal strikes out HDP’s motion to serve Buhari, INEC, APC

Tribunal strikes out HDP’s motion to serve Buhari, INEC, APC

- Tribunal has struck out the motion filed by HDP over Saturday, February 23, presidential election

- The party and its presidential candidate, Ambrose Owuru, are challenging the legality of the presidential election held on Saturday, February 23

- Yusuf Ibrahim, the HDP counsel, informed the tribunal that the petitioner was withdrawing the motion

The presidential election petition tribunal has struck out the motion ex-parte, filed by Hope Democratic Party (HDP) to serve President Muhammadu Buhari, by pasting the petition at the Aso Villa presidential office.

Legit.ng reports that the HDP and its presidential candidate, Ambrose Owuru are challenging the legality of the election earlier slated for Saturday, February 16 but later shifted to Saturday, February 23.

The three-man panel led by Justice Abdul Aboki, on Thursday, March 28, struck out the case, following an application filed by HDP counsel, Yusuf Ibrahim.

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Ibrahim informed the tribunal that the petitioner was withdrawing the motion.

He also informed the tribunal that the petitioner would file the motion whenever it wants to.

NAN reports that the tribunal fixed Thursday for hearing of the motion filed by Ibrahim, seeking an order of the court to serve President Buhari by pasting the petition at the Aso Villa presidential office, the national secretariat of the APC and the tribunal’s notice board.

The ex-parte motion followed an affidavit of non-service deposed to by one Abubakar Mohammed, chief bailiff of the Court of Appeal.

The bailiff claimed that security personnel at Aso Villa denied him access to enter and effect service on President Buhari on the grounds that there was no directive from the president’s office to that effect.

The petitioner, who claimed to have been excluded from participating in the February 23 poll, averred that the election was invalid by reason of non compliance with the provisions of the Electoral Act 2010 which stipulated the conditions under which an election could be lawfully postponed.

Their major contention is that they were validly nominated for the 2019 general election, but were unlawfully excluded from the elections by INEC by delisting their names and party logo from the ballot papers.

The petitioners maintained that they will at the trial, lead evidence and rely on the law in support of their petitions to establish that the shifting of the election from Feb. 16 to 23 was without the backing of law.

The petition marked CA/EPT/PRE/001/2019 is praying the tribunal to nullify the purported election of Feb. 23 and the subsequent declaration of Buhari as the winner on the grounds that INEC has no power under any law to shift the Feb. 16 date to February 23.

They are also saying that the election was invalid by the reason of non compliance with the provisions of the Electoral Act stipulating the conditions under which election can be lawfully postpone.

The petitioners also claimed that they were unlawfully excluded from participating in the February 23 poll, their party logo and names were de-listed by INEC from the ballot paper after been nominated for the 2019 general election. (NAN)

READ ALSO: NAIJ.com upgrades to Legit.ng: a letter from our Editor-in-Chief Bayo Olupohunda

Meanwhile, Legit.ng had previously reported that three-man team of the National Assembly election petition tribunals led by Justice Elvis Ngene rejected an application seeking to recount the ballot papers used in the Ijebu Ode/Odogbolu/Ijebu northeast federal constituency in Ogun state.

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Source: Legit.ng

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