{"id":428965,"date":"2011-05-23T23:00:00","date_gmt":"2011-05-23T23:00:00","guid":{"rendered":"http:\/\/www.ghanamma.net\/2011\/05\/23\/presidential-election-tribunal-throws-out-cpc%e2%80%99s-application-on-election-materials%e2%80%99-evaluation\/"},"modified":"2011-05-23T23:00:00","modified_gmt":"2011-05-23T23:00:00","slug":"presidential-election-tribunal-throws-out-cpcs-application-on-election-materials-evaluation","status":"publish","type":"post","link":"https:\/\/www.ghanamma.com\/2011\/05\/23\/presidential-election-tribunal-throws-out-cpcs-application-on-election-materials-evaluation\/","title":{"rendered":"Presidential Election: Tribunal throws out CPC\u2019s application on election materials\u2019 evaluation"},"content":{"rendered":"
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|\u00a0Print\u00a0|<\/a>\u00a0E-mail<\/a><\/p>\n

Written by Lanre Adewole and Tunde Oyesina, Abuja<\/span> Tuesday, 24 May 2011<\/span><\/p>\n<\/div>\n

FOR the second time in a week, the Presidential Election Petition Tribunal, on Monday, struck out a motion brought by the Congress for Progress Change (CPC) seeking to evaluate and analyse on oath the outcome of the planned forensic analysis of the materials used for the April 16, 2011 presidential poll.<\/p>\n

It described the motion as incompetent.
<\/strong>Tribunal chairman, Justice Ayo Isa Salami, also warned counsel on Monday over indiscriminate filing of needless motions, saying \u201cthe way the parties are going with the motions, the panel might not be able to conclude the petition within the time specified by the Electoral Act.\u201d<\/p>\n

As of Monday, both the legal camps of CPC and President Goodluck Jonathan had filed four different motions each, with one of the petitioners\u2019 motion struck out, leaving seven between them.\n<\/p>\n

The tribunal had earlier directed the two contending parties to meet in its chambers and harmonise the motions with the petitioner\u2019s counsel, Ebun Sofunde SAN, disclosing at the resumption of proceedings that though the parties had made appreciable progress in that direction, the tribunal should give them till 10.00 a.m. today, to conclude on the matter.<\/p>\n

Salami had asked them to agree on motions that the other party could concede to without having to go through the whole gamut of arguing the contents.<\/p>\n

The panel subsequently adjourned sitting till today.
<\/strong>The petitioner is challenging the victory of President Jonathan in the April 16 general election.<\/p>\n

Sofunde also brought a fresh motion on Monday asking the panel to compel the Independent National Electoral Commission (INEC) to allow him access to the election materials so as to analyse and send them to their forensic expert for investigation.<\/p>\n

The motion was later served on both counsel for\u00a0 Jonathan and Jega respectively in the court.<\/p>\n

The subsisting motions of the petitioner include leave to inspect the electoral materials; notice of preliminary objection to the application of the 2nd, 6th-42nd respondents and application for extension of time to file counter affidavit to the respondents\u2019 written addresses.<\/p>\n

The panel had at its last sitting struck out an ex parte motion filed by the petitioner, following the withdrawal of same by one of the counsel for the petitioner, Chief James Ocholi (SAN).<\/p>\n

He said that the withdrawal was informed by technical deficiency found in that motion, which sought to compel INEC to make all election materials available to the party during trial.<\/p>\n

Ocholi had informed journalists\u00a0 that the fresh application was premised on 15 grounds, adding that it was seeking the leave of the panel to compel\u00a0 INEC to bring some vital documents that would maintain the main appeal.<\/p>\n

Meanwhile, President Jonathan has reacted to the petition by the CPC challenging his election, describing it as general, vague and at large.<\/p>\n

The petitioner\u2019s request for forensic and biometric analysis of the ballot papers was also described by the president as an abuse of court process.<\/p>\n

His reactions were contained in one of his motions filed last Friday in reaction to the petitioner\u2019s demand before the Presidential Election Petition Tribunal sitting in Abuja.<\/p>\n

Ten Senior Advocates of Nigeria (SANs), including Wole Olani-pekun; O. C. Okocha; Dr Alex Izinyon; Ighodalo Imadegbelo; J. T. U. Nnodum; O. A. Omonuwa; Assam Assam; Paul Erokoro and Dr Fabian Ajogwu, were representing the president at the tribunal.<\/p>\n

In the motion they filed on behalf of the president, they claimed that the CPC application, dated May 3, 2011, had claimed that before filing the petition on May 8, 2011, the petitioner had carried out electro-mechanical optical scanning of all ballot papers used for presidential election.<\/p>\n

\u201cWe submit that abuse of process is a term generally applied to a proceeding which is wanting in bonafides. Abuse of process can also mean abuse of legal procedure or improper use of legal process. The categories of situation and conditions that ground abuse of process is not closed.<\/p>\n

\u201cWe further submit that by operation of the rule of estoppels by conduct, a party is not to blow hot and cold, to affirm one time and deny at the other or to approbate and reprobate,\u201d the motion stated.<\/p>\n

Lawyers representing Jonathan held that the present application for forensic and biometric tests and analysis were predicated on a false premise, arguing that it was trite law that where a court found a motion by a party to be based on false premises, the court would conclude that the process was being abused and, consequently, strike out the process.<\/p>\n

However, in a swift move, the CPC filed another motion on notice on Monday, claiming that its application in reference was filed in error.<\/p>\n

Alasa, in the 12-paragraph affidavit deposed to by Alasa Ismail, a lawyer in the CPC team of lawyers, said \u201cI was instructed on May 3, 2011 by Abubakar Malami (SAN) to prepare the application.<\/p>\n

\u201cThat as at the time I was instructed, I erroneously believed that the application was for immediate filing, because I was of the mistaken impression that all applications had to be filed within 21 days of the declaration of the result in like manner as the petition.<\/p>\n

\u201cThat I know as a fact that access has not been granted by INEC for inspection of electoral materials, no inspection has been done and no expert analysis or report has been produced and there is a pending application by the peti-tioner seeking leave to inspect and conduct scien-tific analysis of electoral materials may.<\/p>\n

\u201cThat I regret any inconveniences this may have caused.\u201d<\/p>\n

In the seven-paragraph affidavit deposed to by Kenneth Omoruan of Dr Alex Izinyon chamber, the deponent averred \u201cthat while he was going through the petition filed by the CPC, certain allegations raised in the petition were general, vague and at large.<\/p>\n

\u201cThat Jonathan and Vice-President Namadi Sambo require better particulars from petitioner to ensure fair and proper hearing of this petition.<\/p>\n

\u201cThat the request for further and better particulars is to prevent surprise and unnecessary expenses.\u201d<\/p>\n

At the resumed hearing of CPC application on Monday, its lead lawyer, Mr Ebun Shofunde, said he had eight applications pending for deter-mination.<\/p>\n<\/div>\n

More here:
\nPresidential Election: Tribunal throws out CPC\u2019s application on election materials\u2019 evaluation<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

|\u00a0Print\u00a0| \u00a0E-mail Written by Lanre Adewole and Tunde Oyesina, Abuja Tuesday, 24 May 2011 FOR the second time in a week, the Presidential Election Petition Tribunal, on Monday, struck out a motion brought by the Congress for Progress Change (CPC) seeking to evaluate and analyse on oath the outcome of the planned forensic analysis of the materials used for the April 16, 2011 presidential poll. 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