NG News: Tribunal merges petitions by Buhari, Atiku against Yar'Adua
From Lemmy Ughegbe, Abuja
- x The Guardian -
CITING cost benefits and speedy dispensation of justice, the presidential election petitions tribunal sitting in Abuja yesterday, consolidated the petitions of the presidential candidates of the All Nigeria Peoples Party (ANPP), Maj.-Gen. Muhammadu Buhari (rtd) and his Action Congress (AC) counterpart and former Vice President, Alhaji Atiku Abubakar.
In their separate petitions, the duo are contesting the results of the April 21, 2007 presidential election, in which the Independent National Electoral Commission (INEC) announced President Umaru Musa Yar'Adua as the winner.
The tribunal chairman, Justice James Ogebe, who ordered the consolidation of the two petitions, said that effective today, hearing on the matter would be held daily.
He relied on Paragraph 46 of the first Schedule to the Electoral Act 2006 to join both petitions on the ground that their merger would quicken the hearing and save cost for all the parties and the country.
Also relying on Section 310 of the Election Practice Direction, Ogebe said that the parties would not be allowed to call more than the total number of witnesses already indicated to the court.
He also declared the resolve of the tribunal to conclude the case within three months of commencing full hearing of the petition proper, warning that adjournments would only be at the tribunal's instance.
There are fears that the high number of 747 witnesses in the case may force the tribunal to sit beyond the 90 days target
Already at yesterday's sitting, Buhari, who was present in court, indicated through his lawyer, Chief Mike Ahamba (SAN), that he would require a month to conclude his evidence because he has 150 witnesses to call.
For Atiku, whose supporters were in court in their hundreds, his lawyer, Rickey Tarfa (SAN), said he would require 45 days to call 204 witnesses and exhaust the plaintiff's evidence.
Dr. Alex Iziyon (SAN), counsel to Yar'Adua and Vice President Goodluck Jonathan, informed the court that he needed a month for his defence and lead evidence from 174 witnesses.
Similarly, INEC's counsel, Chief Amaechi Nwaiwu (SAN), with whom was Dr. Bello Fadile, said the commission had 215 witnesses to call and would require 45 days to examine them.
The Chief of Defence Staff (CDS) through Mrs. Lami Jubril and the Inspector-General of Police (IGP) represented by Mrs. Pamela Ohabor, said they have three and one witnesses each.
Based on the time demanded by the parties, five months may be the ideal period for the proceedings to be concluded. However, the CDS and IGP did not state the time they needed to put up their defences.
Meanwhile, the tribunal yesterday prevented Ahamba (Buhari's counsel) from tendering exhibits he had compiled as it ordered him to consult with other counsel on the issue first.
AI
