The court of Appeal has issued out last warning to The Independent National Electoral Commission and the All Progressives Congress ( APC) to have till Thursday to file their responses to the election petition jointly filed by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, challenging the outcome of the February 23 presidential election.
President Muhammadu Buhari, who is the candidate of the APC, has till at least April 16 2019 to respond to the petition.
Atiku and the peipee’s democratic party (PDP), on March 18, 2019 filed the petition before the Presidential Election Petitions Tribunal, challenging the declaration of Buhari and the APC as the winner of the just concluded presidential election.
According to the petitioners who claimed that contrary to INEC’s declaration, the PDP’s candidate was the valid winner of the election.
The petitioners claimed that contrary to INEC’s declaration, the PDP’s candidate was the valid winner of the election.
INEC, Buhari and APC are the first to the third respondents to the petition, respectively.
THE WATCH NEWS reports that, Buhari, INEC and APC none of the three had filed their responses to the petition regarding Atiku’s action as childish.
Paragraph 10(2) of the Electoral Act, 2010 provides for a period of not more than 21 days within which a respondent must reply to an election petition from the date of being served with it.
The said Paragraph 10(2) provides, “The non-filling of a memorandum of appearance shall not bar the respondent from defending the election petition if the respondent files his reply to the election petition in the Registry within a reasonable time, but, in any case, not later than twenty-one (21) days from the receipt of the election petition.”
The petitioners served the petition on INEC and APC on March 22, but was unable to serve same on Buhari until they were able to obtain a March 27 order of the Court of Appeal in Abuja permitting them to serve the President through substituted means.
“The registry of an election petitions tribunal opens on Saturdays and Sundays; so, there is no excuse for anyone not to meet the time limit.”
Asked what the implication of non-filing of a reply within time, the SAN said, “It simply means the respondent has no defence.”
There are now four petitions challenging APC’s victory at the presidential poll.
All necessary papers would need to be exchanged between parties to a particular petition before hearing could begin in respect of the petition.
Another lawyer, Mr Tunde Falola, said, “A respondent, who does not file his reply to the petition within time has no defence to the petition and he would be deemed to have accepted those allegations contained in the petition.”
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