By Ikechukwu Nnochiri
ABUJA — The Supreme Court, yesterday, slated Monday to deliver ruling on an appeal lodged before it by the People’s Democratic Party, PDP, challenging the refusal of the suspended President of the Court of Appeal, Justice Isa Ayo Salami, to dismiss the suit filed before the Presidential Election Petition Tribunal by the Congress for Progressive Change, CPC.

CPC had gone before the tribunal to challenge the victory of President Goodluck Jonathan in the April 16 general election.

The opposition party is asking the tribunal to nullify the presidential election and order a re-run between it and the PDP, alleging that the Independent National Electoral Commission, INEC, connived with the ruling party and rigged the electoral process against its own candidate, General Muhammadu Buhari (rtd).

Meanwhile, following the refusal of the then chairman of the five-man panel of justices presiding over the matter, Justice Salami, to dismiss the petition as he was prayed by President Jonathan and the PDP, the respondents proceeded to the apex court for redress.

The appellant insisted that the petition ought to have been dismissed considering that it was filed on a Sunday, even as it enumerated seven legal grounds it said should be considered by the apex court with a view to discovering that the President of the Appeal Court, Salami, erred in law.

PDP had on July 6, pleaded the five-man panel of Justices presiding over the presidential election petition, to terminate the suit filed before it by the CPC, contending that it was smuggled into the court registry on Sunday May 8, an action it said ipso facto rendered the suit nugatory and dies non-juridicus.

The party alongside the duo of President Jonathan and his Vice, Namadi Sambo, argued that Section 137 (3) of the Electoral Act 2010 (As Amended), Order 3 Rule 9 of the Court of Appeal Rules 2011, Order 46 Rule 4 of the Federal High Court (Civil Procedure) Rules 2009 and Paragraphs 4 (d) and 47 (1) of the 1st Schedule to the Electoral Act 2010 (As Amended), forbade the filing of election petitions on a Sunday.

They also faulted section 140(2) and section 134(4) of the Electoral Act which the CPC relied upon to seek a nullification of the April 16 presidential election, insisting that the tribunal was bereft of the powers to order a re-run election in a situation where the candidate of the petitioner in the contested election, General Muhammadu Buhari (rtd) and his running mate, Pastor Tunde Bakare, were not joined as necessary parties in the suit.

However, in a ruling that was delivered by Justice Salami on July 14, he held that the tribunal has the jurisdiction to entertain the suit, stressing that terminating the petition at that stage would tantamount to burying the contention of the CPC on the ground of technicalities.

He relied on the provisions of section 150(1) of the Evidence Act, to hold that there was presumption of regularity by the court, adding that “the hay days of relying on technicalities were over.”

The Appeal Court President further maintained that the respondents, PDP and Jonathan, failed to disclose the injury, injustice or damages they stand to suffer should the case be heard on its substance.

Challenging the decision PDP, via the appeal it lodged through its counsel, Chief JK Gadzama, SAN, sought an order of the apex court, “setting aside the lower court’s ruling, allowing the appeal and dismissing and /or striking out the Petition for being incompetent”.

It also sought an order striking out INEC and names of its 36 resident electoral commissioners, from the suit, insisting that it was a mis-joinder.

PDP argued that the panel erred in law when it held that “In the instant case, the Petitioner’s Petition as has been said earlier bears the stamp and imprimatur of the Registrar and Registry of the Court of Appeal as having been filed on the 8th day of may, 2011 and therefore provides prima facie evidence of the regularity or otherwise for this court to invoke the presumption under Section 150 of the Evidence Act in favour of the Petitioner”.