The presidential election petitions tribunal has continued its sitting today with hope democratic party presenting its case against the victory of president Muhammadu Buhari at the February the 23rd presidential election.
The party is also challenging the Independent National
Electoral Commission, INEC at the tribunal over its decision to postpone the
presidential election from February the 16th to February the 23rd without any
legal backing.
Counsel to the Hope Democratic Party argued their
applications before the tribunal this morning, particularly the request for the
dismissal of the election of the president.
The presidential election tribunal allowed in part the
application filed by the Hope Democratic Party to amend their petition
challenging the election of president Muhammadu Buhari.
In a unanimous ruling delivered by the chairman of the
tribunal, Justice Muhammed Garba the tribunal allowed prayer one of the
two-part motion on the grounds that correction of errors such as typographical
errors in a petition do not go to alter the facts of the petition.
He added that in the present motion prayer one which seeks
to correct the arrangement of the names of the respondents and other
typographical errors do not alter the relevant sections of the petition as such
it is granted.
The tribunal, however, refused to grant prayer two which
sort to bring an additional list of witnesses and their witness statement on
the grounds that such a correction will alter relevant facts of the petition
and will have an effect on the outcome of the petition.
The Apex Court held that the law envisages that at the
filing of the petition the law makes it mandatory that the petition is
accompanied by a list of witnesses, witness statement and all materials to be
used to manage the petition.
The tribunal also said that the filing as envisaged by law
must be done not later than twenty-one days after the case of action which is
the announcement of the results of the election been disputed and clearly this
application has been filed out of time and cannot be granted as such prayer to
is refused.
The tribunal concluded that the petition succeeds in part
and the amended petition of the hope democratic party making the relevant
typographical corrections is allowed while the amended list of witnesses is to
be discarded.
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