Atiku’s petition: INEC, APC face Thursday deadline to respond

The Independent National Electoral Commission and the All Progressives Congress have till Thursday to file their responses to the election petition jointly filed by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, challenging the outcome of the February 23 presidential election, SUNDAY PUNCH has learnt.

Due to the fact that the petition was served on him late, President Muhammadu Buhari, who is the candidate of the APC, has till at least April 16 to respond to the petition.



Atiku and his party had, on March 18, 2019 filed the petition before the Presidential Election Petitions Tribunal, challenging the declaration of Buhari and the APC as the winner of the election.

The petitioners claimed that contrary to INEC’s declaration, the PDP’s candidate was the valid winner of the election.

INEC, Buhari and APC are the first to the third respondents to the petition, respectively.

SUNDAY PUNCH found out that as of Friday, none of the three respondents had filed their responses to the petition.

Paragraph 10(2) of the Electoral Act, 2010 provides for a period of not more than 21 days within which a respondent must reply to an election petition from the date of being served with it.

The said Paragraph 10(2) provides, “The non-filling of a memorandum of appearance shall not bar the respondent from defending the election petition if the respondent files his reply to the election petition in the Registry within a reasonable time, but, in any case, not later than twenty-one (21) days from the receipt of the election petition.”

The petitioners served the petition on INEC and APC on March 22, but was unable to serve same on Buhari until they were able to obtain a March 27 order of the Court of Appeal in Abuja permitting them to serve the President through substituted means.



The petitioners had, in an affidavit filed in support of their ex parte application, cited the protocols and security hurdles at the Presidential Villa as the reasons for their inability to serve Buhari with the petition personally.

Ruling on the application, which it said was meritorious, the Justice Abdu Aboki-led three-man bench of the Court of Appeal, Abuja, on March 27, granted the order permitting them to serve Buhari through APC’s national secretariat.

By our correspondent’s calculation, the 21 days granted to INEC and the APC to respond, from March 22 when they were served with the petition, would expire on April 11.

Asked when the APC would file its reply to the petition, a Senior Advocate of Nigeria in the party’s legal team, who sought not to be named, confirmed that they had Thursday deadline to file their response.

“We are filing our reply in the new week because our 21 days window expires in the new week,” the SAN said.

Speaking with SUNDAY PUNCH, a Senior Advocate of Nigeria, Mr Paul Ananaba, confirmed that a respondent had 21 days to reply to an election petition.

Ananaba, who has handled a number of election petition cases, said, “The respondent has 21 days to file a response. But there is no extension of time once the respondent fails to file a reply.

“The registry of an election petitions tribunal opens on Saturdays and Sundays; so, there is no excuse for anyone not to meet the time limit.”

Asked what the implication of non-filing of a reply within time, the SAN said, “It simply means the respondent has no defence.”

There are now four petitions challenging APC’s victory at the presidential poll.

All necessary papers would need to be exchanged between parties to a particular petition before hearing could begin in respect of the petition.

Another lawyer, Mr Tunde Falola, said, “A respondent, who does not file his reply to the petition within time has no defence to the petition and he would be deemed to have accepted those allegations contained in the petition.”

He also confirmed that Paragraph 10(2) of the Electoral Act provides for 21 days for a respondent who does not file a memorandum of appearance, to file a reply to the petition.

According to him, non-filing of a memorandum of appearance implies that the respondent “intends to dispute or challenge the jurisdiction of the tribunal to hear the petition in the first place.”


https://punchng.com/atikus-petition-inec-apc-face-thursday-deadline-to-respond/

this is music to the hearts of wailers

APC reply
[img]https://media1./images/4498697396e5cc9452c4bff0af1a5fce/tenor.gif?itemid=4810352[/img]

Better fear dhan enter Apc camp ooo!.....all the obstacles thrown Atiku's way through EFCC, propaganda et al he converted to stepping stones and now he has finally made it to their faces and all they could do is scamper in trepidation!..

Fourth respondents should be those who scammed Atiku. Kwankwaso, Tambuwal, Ogd and co

Some Nigerian Citizens are not convinced and satisfied by the INEC announcement of Mr Buhari's reelection.
Why not let the People's mandate go ahead & challenge the Results of the Elections.

One thing I noticed was that our Parents are so weak in the place of bully. They concede defeats easily out of ignorant excuses.

Seems this generation is no better than the previous one, we give up before trying, we are too weak emotionally. That is why some people will call on Atiku not to follow the Democratic process saying his efforts will amount to nothing.

But my People, when exactly do we start fighting for the right things, when exactly do we start taking the farthest leaps?

Nigerians, we desire a transformative Society, but we are unwilling to change as a People.

I remember that election period lol. Like for atiku 6089 share for buhari 300

Buhari to Atiku right now

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Buhari is a failure

yes

Omo the story too long... Contact me if you need 3D glasses for your phone... It’s an awesome experience..

Oya na

Atiku wastes money since_________

They sure would respond before the deadline. I'm even sure the response is ready, they just want to wait till it's close to the deadline.

ednut1:
I remember that election period lol. Like for atiku 6089 share for buhari 300

that is how they deceived us oo

I pray Atiku gets his mandate through the court. Everybody knows that Atiku won the election.

Afonjas won't like this

GOT season finale.....who becomes the King of the North and sits on d iron throne

iamJ:
this is music to the hearts of wailers

APC reply
[img]https://media1./images/4498697396e5cc9452c4bff0af1a5fce/tenor.gif?itemid=4810352[/img]

omo women wicked o.

I till believe in victory for atiku

H

ednut1:
I remember that election period lol. Like for atiku 6089 share for buhari 300

if elections was conduct maturely, atiku will and he has won.

Emilo:
GOT season finale.....who becomes the King of the North and sits on d iron throne

so I hear Ned Stark never died.

Agbaletu:
I pray Atiku gets his mandate through the court. [s]Everybody knows that Atiku won the election[/s].

Only fools believe atiku won the election.

Nonsense.

Huhuhuhu maybe APC and buhari did not cover their track very well during the rigging, which means they lack defence to backup the rigging

SHE SEDUCED MY MAN WITH WHAT SHE HAVE PART 1 - NIGERIAN MOVIES 2019

Go and collect your mandate back sir.
God willing Atiku will win

Atiku will make a better president than Buhari that's for sure. Lets just relax and watch...

Does any feel how i feel since summary deposition of ONOGHEN that sanctity of court has been defiled and only shadow is what we have in Nigeria? does bubu and cohorts submissive to the rule of law!
IF YOU KNOW YOU KNOW. VERY SOON THEIR GROUND PLAN FOR ousting The cjn will come to fore when they embark marathon disregard for court process!
let me not get distracted pursuing my money.
I dey come

helinues:
Fourth respondents should be those who scammed Atiku. Kwankwaso, Tambuwal, Ogd and co

You sabi! When I said, my friends never believed me. ThankGod they saw it and believe their ears

highcollide:
omo women wicked o.

I tell you their heart bitter and evil check any evil for this world na women cause am even for Adam and eve, David nko, Solomon too, great men fall coz of women even Samson