The presidential election petitions tribunal has continued its sitting today with hope democratic party presenting its case against the victory of president Muhammadu Buhari at the February the 23rd presidential election.
The party is also challenging the Independent National Electoral Commission, INEC at the tribunal over its decision to postpone the presidential election from February the 16th to February the 23rd without any legal backing.
Counsel to the Hope Democratic Party argued their applications before the tribunal this morning, particularly the request for the dismissal of the election of the president.
The presidential election tribunal allowed in part the application filed by the Hope Democratic Party to amend their petition challenging the election of president Muhammadu Buhari.
In a unanimous ruling delivered by the chairman of the tribunal, Justice Muhammed Garba the tribunal allowed prayer one of the two-part motion on the grounds that correction of errors such as typographical errors in a petition do not go to alter the facts of the petition.
He added that in the present motion prayer one which seeks to correct the arrangement of the names of the respondents and other typographical errors do not alter the relevant sections of the petition as such it is granted.
The tribunal, however, refused to grant prayer two which sort to bring an additional list of witnesses and their witness statement on the grounds that such a correction will alter relevant facts of the petition and will have an effect on the outcome of the petition.
The Apex Court held that the law envisages that at the filing of the petition the law makes it mandatory that the petition is accompanied by a list of witnesses, witness statement and all materials to be used to manage the petition.
The tribunal also said that the filing as envisaged by law must be done not later than twenty-one days after the case of action which is the announcement of the results of the election been disputed and clearly this application has been filed out of time and cannot be granted as such prayer to is refused.
The tribunal concluded that the petition succeeds in part and the amended petition of the hope democratic party making the relevant typographical corrections is allowed while the amended list of witnesses is to be discarded.
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