Tribunal Grants Atiku Permission To Serve APC, Buhari Through Alternative Means
Atiku Abubakar and President Buhari
The Presidential election tribunal sitting in Abuja has granted leave to the People’s Democratic Party and its presidential candidate, Atiku Abubakar, to serve President Muhammadu Buhari and the APC a petition by substituted service.
The petition and other processes are to be served to the president through number 40 Blantyre street off Aminu Kano Crescent Wuse II Abuja, being the national secretariat of the APC.
In a motion ex parte dated March 2, 2019, Chris Uche, Atiku’s counsel, had asked the court for leave for substituted service on the APC.
Uche while moving the ex parte motion asked the appellate court to grant the request on the ground that it has become practically impossible to reach the president for personal service.
He also informed the court that it is in the interest of justice that the request should be granted.
The ex parte application was predicated on seven grounds and seventeen paragraph affidavit as well as another further affidavit of five paragraphs.
In his ruling, the lead judge of the three-man panel justice Abdul Aboki said that the court granted the request of the petitioners in the interest of justice.
According to him, “after carefully reading the affidavit and the grounds upon which the experte application was predicated, the court is convinced that it is in the interest of justice that the request of the two petitioners be granted.”
“Consequently, the court orders that Buhari, being the second respondent in the petition be served with the petition through any of the senior officials of the All Progressives Congress.”
Alhaji Abubakar has on the 18th of March filed a petition challenging the declaration of president Mohammadu Buhari as the winner of the February 23rd presidential election.
He asked the tribunal to declare him as the winner of the presidential election having scored the majority of the lawful votes cast.
In the alternative, he and his party are asking the tribunal to annul the election that returned President Buhari as president and order INEC to conduct a fresh election.
No date has been fixed for the hearing of the petition on the grounds that main respondent that is the president has not been formally served with the petition as required by law.
Recall Atiku and his party are challenging the outcome of the election on the grounds of alleged massive rigging, malpractices substantial non-compliance with the electoral laws.
In the petition, Atiku and PDP are praying that its candidate be declared winner of the February 23 presidential election.
They are also asking the tribunal to nullify the poll and order for a fresh election that will be conducted in line with the provisions of the electoral laws.