The Presidential Election Petition Tribunal has fixed May 22
to entertain an application seeking Justice Zainab Bulkachuwa to recuse herself
from sitting over the five-man panel, alleging fear of preconceived bias.
The court had fixed Wednesday to begin pre-hearing session
on a petition filed by the Peoples Democratic Party (PDP) and its Presidential
Candidate, Alhaji Atiku Abubakar challenging outcome of the Feb.23 president
election.
Bulkachuwa, also the President of the Court of Appeal,
adjourned proceedings on the matter to allow the two petitioners file a formal
application against her membership of the panel.
Earlier, Dr Levy Uzoukwu, SAN, Counsel for both PDP and
Abubakar filed an oral application to be granted permission for all counsel to
meet with the members of the panel in Chambers.
Bulkachua went ahead to grant the request by ordering a
stand down on the matter.
Upon their arrival from chambers, Bulkachua immediately
disclosed in the open court the informal call by the petitioners for her to
withdraw from participating in the hearing of their petition.
She, however, said such an action must be formally placed
before the court through an application that should be argued by all parties.
“The counsel for the two petitioners have raised an issue in
chambers directing me to recuse myself from hearing their petition.
“This matter has initially been brought to my attention in a
letter from the office of the National Chairman of the Peoples Democratic
Party, dated May 8.
“Their request is now in a public domain, but the counsel
for the petitioners must approach the court with a formal application’’, she
said.
PDP and its presidential candidate in the Feb.23 general
election are before the tribunal to challenge the outcome of the election.
In another development, the tribunal granted Coalition for
Change (C4C) and its presidential candidate, Geff Ojinika permission to serve
President Muhammadu Buhari and Vice President Yemi Osinbajo with their petition
by substituted means.
Bulkachua granted the leave following an exparte application
brought to it by the applicants.
“The applicants are hereby granted leave to serve president
Buhari and vice president Osinbajo with the petition challenging their victory
through substituted means.
“The first and second respondents should be served via the
National Secretariat of the All Progressive Congress (APC) in No.40 Blantyre
Crescent, Wuse II, Abuja.
The C4C and its presidential candidate had informed the
court on their difficulty in serving their petition on Buhari and Osinbajo.
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