The Presidential Election Petitions Tribunal, on Thursday, struck out
an application filed by the Independent National Electoral Commission
(INEC) and President Muhammadu Buhari, seeking a dismissal of the
petition filed by the Peoples Democratic Movement (PDM).
PDM’s candidate, Aminchi Habu, and his party are challenging their exclusion from the February 23 presidential election.
They are asking the tribunal to nullify the poll and order the conduct of a fresh one which would include them.
INEC and Buhari, being the second respondent, had asked the tribunal
to dismiss and strike out the petition filed by the PDM on the grounds
that it did not file for notice of pre-trial within the seven days after
the close of pleading as stipulated by law.
Delivering ruling, the tribunal dismissed the two applications for being unmeritorous.
The panel held that findings from its own record showed that the
application of petitioners was actually made a day after pleadings were
closed in the petition.
The tribunal held that pleadings closed on April 29 with the last
reply of the 1st respondent, while the petitioners had applied for the
notice of pre-hearing on April 30, “well within the 7 days provided by
law”.
“The petition cannot be deemed to have been abandoned. Application is
lacking in merit, it is accordingly refused and dismissed,” Justice
Mohammed Garba held.