Funso Muraina
19 July 2007
Abuja — The gulf between the All Nigeria Peoples Party (ANPP) and its candidate in the last April 21 presidential election, Major-General Muhammadu Buhari (rtd), over the decision of the party to participate in President Umaru Yar'Adua's Government of National Unity (GNU) widened yesterday.
This followed Buhari's decision to pursue his petition challenging Yar'Adua's election separate from the one filed by the party.
Buhari's petition was heard separately from that of the party at the pre-trial conference held yesterday by the Presidential Election Petitions Tribunal in Abuja.
The former Head of State and a few of his supporters were present during the pre-hearing of his petition, while the ANPP National Chairman, Chief Edwin Ume-Ezeoke, led some party executives to the tribunal for the party's petition.
Revelations also emerged last night that former President of the Nigeria Bar Association (NBA), Chief Wole Olani-pekun, who had handled some cases for the immediate past vice president, Alhaji Atiku Abubakar, is at the head of President Yar'Adua's team of lawyers handling his defence.
THISDAY gathered that former President Olusegun Oba-sanjo's lawyer, Chief Afe Babalola (SAN), will represent the Peoples Democratic Party (PDP).
Yesterday, at the premises of the tribunal, Buhari, in a brief chat with newsmen, expressed dismay that his party resolved to participate in the GNU, which he said was against the enthronement of the rule of law.
He said his petition was not a personal matter between him and President Yar'Adua but a principled stand to ensure that the rule of law was not toyed with in future.
The ANPP had first filed the petition against President Yar'Adua's election before Buhari, who initially appeared indifferent to the petition, embraced the party's decision to challenge the President's election.
But both Buhari and ANPP however parted ways when the party agreed to participate in Yar'Adua's government, an idea the former head of state was vehemently opposed to.
The ANPP National Chai-rman, Chief Edwin Ume-Ezeoke, debunked the insinuation that by taking part in the unity government, the party had compromised itself adding that the acceptance of the ruling party's offer was in the interest of the country.
"We are in court to move democracy forward, to ensure that anarchy is not let loose and to protect the rule of law. The tribunal has the power to entertain grievances from many people. We filed our petition when Buhari said he was not coming in the first place," he said.
Ezeoke, however, did not rule out the possibility that the tribunal might merge the two petitions together in the cause of hearing.
He said he had no problem with Buhari whom he described as a man of the people and a very outstanding member of the party.
Section 144 of the Electoral Act 2006 states that "an election petition may be presented by one or more of the following persons: (a) a candidate at an election; (b) a political party which participated in the election."
President Yar'Adua and Vice President, Dr. Goodluck Jonathan, however, added a fresh dimension to the petition when they asked the tribunal to set aside the substituted service and all the proceedings so far in the petition as they related to them arguing that they had not been properly served.
They said a proper service should be effected on them.
But Buhari, through his lawyer, Chief Mike Ahamba, objected to the application on the ground that it was out of time.
Ahamba said the applications were late in entering appearances and filing their defence to the petition.
Besides, Ahamba asked the tribunal to defer hearing in the pre-trial conference.
The tribunal presided over by Justice James Ogebe adjounred hearing the application on service, pre-trial conference till July 30.
In the motion filed on behalf of President Yar'Adua by Olanipekun and nine other senior advocates, the counsel had argued that the President and Vice president, being proper parties in the petition, were not served, claiming that the only thing that informed the 5th and 6th respondents (Yar'Adua and Jonathan) about the action was a newspaper publication.
They claimed that the tribunal papers were dumped at the PDP secretariat and that the service was not in accordance with the order of the tribunal.
The tribunal had on June 21 granted leave to Buhari to serve Yar'Adua and Goodluck with the petition by substituted means through the PDP National Secretary.
"That the purported service and all the steps taken in the proceedings in this petition be set aside. That it is in the interest of justice to grant fresh service as per the order of this honourable court," the President's counsel said.
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