This was the high point on the sixth day of proceedings in the pre-hearing session of the presidential election petitions tribunal in Abuja.

Tuesday’s proceedings commenced with hearing on the interlocutory motions filed by the Independent National Electoral Commission, INEC, seeking to strike out the petition of the Peoples Democratic Party and its candidate Atiku Abubakar.

INEC through its lawyer Yunus Ustaz Usman argued that the petition of the People’s Democratic Party, PDP, is defective having not joined the All Progressive Congress, APC, Vice Presidential candidate Professor Yemi Osinbajo.

In response, the People’s Democratic Party, PDP, described the application of Independent National Electoral Commission, INEC, as most unusual and prayed the court to dismiss it in order to save the electoral commission and help them maintain its neutrality Before the commencement of hearing, lead counsel for President Buhari had argued against the tribunals plan to defer hearing on the interlocutory applications until the main trial stage of the petition.

The Presiding Justice Mohammed Garba referred to section 294(1), 4th alteration of the 1999 constitution as amended which mandates the court or tribunal to deliver ruling within 90 days after hearing any application. Hearing the preliminary applications now, according to the justices, will mean a ruling will have to be given by the 9th of September.

The court reminded the parties that time is far spent with September 15 as the deadline in which the 180 days will expire and that it will be appropriate to hear the motions along with the main petition and give a decision together with the substantive case since the issue in contention involves jurisdiction.
However, Buhari’s lawyer referred to section 47 of the 3rd schedule that mandates all applications to be taken at the pre-hearing stage and a ruling delivered at Judgement stage.

The court eventually ruled to hear the applications at the pre-hearing stage. Starting with that of Independent National Electoral Commission, INEC, which is challenging the competence of the petition. It has reserved ruling on a date to be communicated to senior counsel to the parties.

Similar motions were moved by the counsel for Buhari and that of the All Progressive Congress, APC. The People’s Democratic Party, PDP, also asked for a dismissal of the applications challenging its petition.
Rulings on each of the applications have been reserved by the court until a day to be announced later.
The motion for leave of the tribunal to inspect election materials and access the server is one the petitioners have long requested for.

Hearing on the motion along with a couple of other pending motions comes up on Thursday, 13th June.