Aftermath of 2019 presidential poll: Atiku, PDP get tribunal’s approval to serve Buhari, APC

The Presidential election tribunal on Wednesday granted leave to the Peoples Democratic Party (PDP) and it’s presidential candidate to serve President Muhammadu Buhari and his party petition  and other processes by substituted service.

The presidential candidate of the Peoples Democratic Party (PDP) in the February 23, 2019 rescheduled presidential election and his party got the nod of the Court of Appeal in respect of the filed petition at Wednesday hearing.

Atiku’s petition and other processes challenging the declaration of Buhari as the winner of the Presidential election are to be served on the President through the national secretariat of the APC, located at no 40 Blantyre Street, off Adetokumbo Ademola Crescent, Wuse, Abuja.

Delivering ruling on the exparte argued by the lead counsel to the two petitioners, Chris Uche (SAN), Justice Abdul Aboki held that it is in the interest of justice to grant the request of the petitioners to serve Buhari through substituted means.

Justice Aboki ordered that the court processes be delivered to the second respondent (Buhari) through any senior officer of the APC.

According to him, ”After carefully reading the affidavit and the grounds upon which the exparte application was predicated, the court is convinced that it is in the interest of justice that the request of the two petitioners be granted ”

While moving the exparte motion, Uche had complained that it was practically impossible to reach Buhari in person to effect service on him because of the retinue of security.

He predicated the exparte motion on seven grounds and 17 paragraph affidavit and another five paragraph further affidavit in making the request that President Buhari be served with the petition outside the Presidential villa.

Respondents in the exparte motion are the Independent National Electoral Commission (INEC), Buhari and the APC.

Recalled that Atiku had, on March 18 filed a petition challenging the declaration of Buhari as the winner of the February 23 presidential election

Amongst others, the PDP presidential candidate prayed the Presidential Election Petition Tribunal to declare him winner of the presidential poll on the ground that he scored majority of the lawful votes.

In the alternative, Atiku and the PDP are praying the Tribunal to annul the February 23 presidential election and order INEC to conduct a fresh one that will comply with relevant electoral laws.

However, no date has been fixed for 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.

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