The Presidential Election Tribunal has given the former Vice-President and presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar victory in a ruling on a motion filed by the Independent National Electoral Commission.
Naija News understands that in the motion, INEC had sought the dismissal of Atiku and PDP’s petitions as the Nigeria’s electoral umpire claims that the opposition failed to join the Vice-President Yemi Osinbajo, in their petitions against President Buhari and the electoral umpire.
The motion was filed on 5 May.
According to PM News, the chairman of the tribunal, Justice Garba Mohammed, while reading the verdict said the vice president would have been superfluous in the petition.
The court held that the vice president is not a necessary party in an election petition, saying as an appendage to the candidate, he rises and falls with the candidate representing the party.
INEC in its motion had argued: that the vice president is an indispensable party to the petition and that his fair hearing would be breached should a decision be reached without his input.
That Section 137 (2) of the Electoral Act makes Mr Osinbajo a vital part of the petition.
That if the section above is to be followed the petition would be invalidated.