The Presidential Election Petition Tribunal will today deliver judgment in the petition filed by the Congress for Progressive Change (CPC) seeking to upturn President Goodluck Jonathan's victory at the April 16 election.CPC sued President Jonathan, Vice President Mohamed Namadi Sambo, Peoples Democratic Party (PDP), Independent National Electoral Commission (INEC), its Chairman and Resident Electoral Commissioners of all 36 states and the FCT.In the petition filed through its counsel Ebun Sofunde (SAN), CPC asked the tribunal to hold that President Jonathan and his vice were not duly elected by majority of lawful votes cast at the April 16 election. They averred that the election was marred by irregularities and that President Jonathan and his party influenced voters by giving them incentives.They equally averred that the election was not conducted in compliance with the Electoral Act particularly as it was marred by non-accreditation of voters, entry of wrong figures in Forms EC8A EC8B & EC8C and arbitrary allocation of scores in favour of President Jonathan. Moreover, they said the president, his vice and his party failed to establish by credible evidence that the election was conducted in accordance with law.Counsel to the President Wole Olanipekun (SAN) and PDP counsel Joe Kyari Gadzama (SAN) however asked the tribunal to dismiss the petition for lack of merit. They averred that the election was free, fair and credible and in substantial compliance with the Electoral Act 2010 and the 1999 Constitution.Meanwhile, the Supreme Court yesterday struck out appeals filed by President Goodluck Jonathan and the Peoples Democratic Party (PDP) challenging the validity of the petition filed by the Congress for Progressive Change (CPC) at the Presidential election petition tribunal.The two appeals were struck out on grounds that the 60 days required by the Electoral Act to determine the appeals had elapsed.Jonathan and the PDP said in their appeals that the petition filed by the CPC should not be heard because it was filed on May 8, 2011, which was a Sunday, arguing that Sunday is always a public holiday. Justice Walter Onnonghen, who presided over the appeal, turned down the request by Jonathan and PDP on the grounds that the time needed to entertain it had expired.The appeals could not stand as it fell short of the 60 days stipulated by the Electoral Act to determine its fate.The apex court directed all parties to go back to the appeal court, where the petition had initially been filed, for determination.Before the appeal was filed at the apex court, the tribunal had held that the petition filed on a Sunday by CPC seeking to upturn Jonathan's election is competent and proper in law.Counsel to the PDP, Chief Joe- Kyari Gadzama (SAN), submitted that the 60 days should exclude the vacation period and all the Saturdays and Sundays and by his calculation, this would amount to allowing the appeal to remain alive till December 10, 2011.But Counsel to President Jonathan and Vice President Namadi Sambo, Chief Wole Olanipekun (SAN), in his argument told the court to treat the appeal as a constitutional matter.Counsel to CPC, Oladipo Okpeseyi (SAN), said all that were cited by Gadzama 'are Acts of National Assembly and not Constitutional provisions and may not be too helpful in this appeal'.
Click here to read full news..
