Malachy Uzendu and Mebrim Uchechukwu
15 August 2007
Abuja — PRESIDENTIAL election petition tribunal sitting in Abuja yesterday, perfected its order to compel immediate past President, Chief Olusegun Obasanjo to appear before it.
All Nigeria Peoples Party (ANPP) candidate in the April 21, 2007 election, Maj.-Gen. Muhammadu Buhari (rtd.), is asking for Obasanjo to appear in person to testify over allegations of malpractices in the election.
Yesterday, after Buhari's lawyer Chief Mike Ahamba (SAN) complained that it has been difficult to serve Chief Obasanjo with court processes, the tribunal made an order for substituted service on the former president.
The order, which was to be effected through the publication of the court processes in either ThisDay or The Punch newspapers, was sought to explain the allegation that Obasanjo used his office to favour his ruling Peoples Democratic Party (PDP) in the presidential election.
Buhari also hinted that he would appeal against the order granted the police to file defence against allegations of electoral malpractices made against the force by the ANPP flagbearer, even after the mandatory 21 days for filing such defence had expired.
The court had yesterday granted the prayers of the police that they be further given an extension of time to file their defence.
Police lawyer, Chris Erhabor, had moved the motion pursuant to paragraph 43 (1 - 6) to the first schedule of the Electoral Act, 2006 as well as under Order 4 Rule 1 of the Court of Appeal Rules.
Erhabor, who pleaded with the court to allow the police file its defense to allegations made against them by the ANPP candidate, explained that owing to exigencies, it was not possible for the police to meet with the required 21 days deadline and that he.
He noted that by was persuaded further be section 36 of the Constitution to move the motion, adding that the prescription on fair hearing should predominate.
Objecting to the motion earlier, Ahamba explained that the motion was brought in as part of the strategy to abort the petition.
He noted that the police had over two months to file their defence but did not do so because part of their strategy was to frustrate hearing of the petition.
He also noted that the application was time barred and so, the police could not be asking for extension of time after their time had expired.
Ahamba further argued that since the petitioner had a time frame within which he must file a petition, the respondent(s) on their part should be barred from taking any further steps once their time had lapsed.
But ruling on the matter, Justice James Ogebe granted the prayers of the respondents, saying that any party that showed interest in a matter should not be shut out.
He explained that since the court of appeal has powers to extend time on any application, such powers are granted discretionally, which was the position of the court in the current matter, but the discretion should not go beyond yesterday.
The ANPP flag bearer had gone to the court to challenge the declaration of Alhaji Umaru Musa Yar'Adua of the PDP as winner of the election.
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