The Court of Appeal in Abuja on Wednesday granted permission to the Peoples Democratic Party and its presidential candidate , Alhaji Atiku Abubakar , to serve their petition difficult the end result of the February 23 , 2019 election , on President Muhammadu Buhari via substituted means .
This got here after the petitioners complained in an ex parte software that they’d been unable to serve their petition on Buhari personally, one week after submitting the petition earlier than the Presidential Election Petitions Tribunal in Abuja.
The ex parte software was filed earlier than the Court of Appeal on March 25 , 2019 , about one week after the petitioners lodged their case on the tribunal in Abuja on March 18 , 2019 to problem Buhari ’s victory within the presidential election .
In the ex parte software sighted by
The PUNCH after it was heard and granted on Wednesday , the petitioners said that they’d served copies of their petition and the accompanying court processes on each the Independent National Electoral Commission and the All Progressives Congress – the primary and the third respondents to the petition – respectively .
But they mentioned “it is impracticable and impossible” to serve the petition on Buhari personally, “given the impregnable security and protocol ” on the Presidential Villa , often known as Aso Rock , the place he resides .
Praying for an order letting them serve Buhari via the nationwide secretariat of his occasion , the APC , the petitioners said of their software that an try by a bailiff of the Court of Appeal to personally serve Buhari with the petition was abortive .
The affidavit which they’d filed in assist of the ex parte software learn partly, “The petitioners /candidates , upon submitting the petition , have served the 1 st and three rd respondents ( INEC and APC ) with the petition , however it’s impracticable and inconceivable to serve the 2nd respondent ( Buhari ) personally with the petition .
“The 2 nd respondent is at present the President of the Federal Republic of Nigeria and lives in and carries out his duties from the Presidential Villa , Abuja , and private service of any course of on him is impracticable and inconceivable given the impregnable safety and protocol attaining his workplace because the Head of State .
“An attempt by the court bailiff to serve the petition and other processes personally on the 2 nd respondent was abortive because of security issues and hurdles in the Presidential Villa , Aso Rock , Abuja .”
They famous that Buhari “is a member of and was sponsored as candidate for the election by 3 rd respondent, whose office ( National Secretariat ) is at No . 40 Blantyre Street, Wuse II , Abuja .”
They due to this fact contended that service of the petition on him “can only be effectively and conveniently made ” on the President “ by delivering same to the 3rd respondent through any of its senior officers or officials at its office at the APC National Secretariat .”
The petitioners ’ counsel , Chief Chris Uche ( SAN ) , supported by others together with Chief Mike Ozekhome ( SAN ) and Mr . Gordy Uche ( SAN ) , moved the applying earlier than a 3 – man bench of the Court of Appeal on Wednesday .
The three -man bench which sat in a “pre -hearing session ” of the Presidential Election Petitions Tribunal , granted the request contained within the petitioners ’ software shortly after the applying was moved by the petitioners ’ attorneys on Wednesday .
Granting the applying , Justice Abdu Aboki , who led the panel and delivered the lead ruling , made an order allowing the petitioners to serve Buhari , who’s the second respondent to their petition , via any senior official or an officer of the APC on the occasion ’s secretariat in Wuse II space of Abuja .
He mentioned , “it is in the interest of justice ” to grant the prayers within the petitioners ’ software .
Meanwhile , with the petition filed by Atiku and the PDP , there are actually a complete of 4 petitions filed earlier than the tribunal to problem Buhari ’s victory .
The 4 petitions are on show on the premises of the Court of Appeal in Abuja , venue of the Presidential Election Petitions Tribunal .
Atiku and the PDP ’s petition filed on March 18 was marked CA/PEPC/ 002 / 2019 .
Another of the petitions was filed on March 7 by Hope Democratic Party and its nationwide chairman and presidential candidate , Chief Ambrose Owuru .
The different petition with quantity CA/PEPC/ 004 / 2019 filed on March 19 , was by Pastor Aminchi Habu and his occasion , the Peoples Democratic Movement.
The fourth petition was by Geff Ojinika and Coalition for Change , who each contended that “the election was vitiated by substantial non -compliance with mandatory statutory provisions which irregularity substantially affected the election such that the 1st respondent ( Buhari ) was not entitled to be returned as the winner of the presidential election .”
The petitioners , who all complained that the February 23 , 2019 election was marred by irregularities , joined INEC , Buhari and the APC because the respondents .
But the Coalition for Change and Ojinika added Vice- President Yemi Osinbajo to their listing of respondents .