Tribunal dismisses INEC’s, Buhari’s applications for dismissal of PDM’s petition

The Independent National Electoral Commission and President Muhammadu Buhari have lost their bid to have the presidential election petition tribunal dismiss the petition filed by the Peoples Democratic Movement and its presidential candidate in February 23 elections, Pastor Haminchi Habu.

Habu and the PDM are challenging the victory of Buhari and APC at the poll.

INEC and Buhari had through, their respective lawyers, filed separate motions seeking the dismissal of the petition on the grounds that the petitioners failed to comply with the provisions of paragraph 18(1) of the first schedule to the electoral act.

The commission contended that the petitioners had violated the said provisions of the electoral act by failing to apply for the pre-hearing notice within seven days after the close of pleadings marked by the filing of their final replies to the respondents’ replies to the petition.

But dismissing the applications in separate rulings the Justice Mohammed Garba-led tribunal unanimously held that the petitioners did file their application for the issuance of pre-hearing notice within the time stipulated by law.

Justice Garba dismissed the applications by INEC and Buhari for lacking in merit.