The Independent National Electoral Commission and President Muhammadu Buhari on Thursday lost its bid to have the Presidential Election Petition Tribunal dismiss the petition filed by the People’s Democratic Movement and its presidential candidate in February 23rd, 2019, Haminchi Habu.
Habu and the PDM are by their petition challenging the victory of Buhari and his All Progressives Congress 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 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.
Justice Garba, who read the lead ruling, held that the pleadings were closed on April 20, 2019 when the petitioners filed their reply to the last-received reply of the 2nd respondent to the petition
