Kogi: Tribunal dismisses APGA petition against APC, INEC March 12, 2016 ~ Welcome to Thepanacea blog

Saturday 12 March 2016

Kogi: Tribunal dismisses APGA petition against APC, INEC March 12, 2016

Kogi: Tribunal dismisses APGA petition
against APC, INEC
March 12, 2016

Dr Goodman Akwu, APGA governorship candidate loses bid
The Governorship Election Petition Tribunal for Kogi has
dismissed of the petition filed against the All Progressive
Congress (APC) and the Independent National Electoral
Commission (INEC) by Mr Akwu Goodman.
Goodman was the governorship candidate of All Progressive
Grand Alliance in the November 21, 2015 election in Kogi.
The APGA candidate is challenging the election of Governor
Yahaya Bello, while APC, and INEC were joined as 2nd and
3rd respondents
At the resumed sitting on Friday, Justice Halima
Muhammad, the Chairman of the Tribunal, dismissed the
petition against APC and INEC saying APGA did not follow
the due process of the law.
Justice Muhammad said the petitioner failed to comply with
the provisions of Section 18(4) as well as Section 18 (1) of
the 1st schedule of the 2010 Electoral Act
Section 18 (1)A of the of the 1st schedule of the 2010
Electoral Act provides that "the petitioner shall apply for
pre-hearing papers within seven days of the respondent's
response reply.
Also, Section 18(4) stipulates that "Where the petitioner and
respondent fail to bring an application under the said
paragraph, the tribunal or court shall demiss the petition as
abandoned petition".
The Chairman submitted that the petitioner did follow the
due process as stipulated by the law.
Muhammad said that the petitioner ought to have notified
both parties, the APC and INEC, by also serving each of
them the pre-hearing papers and not only the tribunal.
INEC Counsel Chikezie Ekeocha had earlier urged the
tribunal to dismiss the petition for not playing by the rules.
Ekeocha also informed the tribunal that he had filed a
motion predicated on five grounds and written addresses on
why the APGA petition must be dismissed.
Counsel to APC, Mr Muiz Banire (SAN) and Mr Abdullahi
Aliyu (SAN) also aligned themselves with the prayers of
INEC.
Mr Promise Ogbadu, Counsel to the candidate of APGA, also
filed a counter affidavit and written addresses on why the
petition must remain.
The News Agency of Nigeria reports that following the ruling
the Gov Bello remains the only respondent in the petition.