The Presidential Election Petition Tribunal on Wednesday directed the Peoples Democratic Party (PDP) and its candidate in the 2019 presidential election, Mr. Atiku Abubakar, to file a formal application seeking the withdrawal of the tribunal chairman and president of the Court of Appeal, Justice Zainab Bulkachuwa, from the panel.
The PDP and Atiku had asked Bulkachuwa to excuse herself from the five-man panel saying they doubted the judge’s fairness in the matter because of a potential conflict of interest
In a petition dated May 8, 2019 and entitled ‘A request to recuse yourself from the panel hearing petition No. CA/PEPC/002/2019, the petitioners feared that Bulkachuwa would likely be biased in handling the tribunal’s proceedings, especially that husband, Adamu, is a senator-elect on the platform of the All Progressives Congress (APC) for Bauchi north senatorial zone and therefore
The petitioners believed that it would be would be difficult to convince any reasonable person that she will not discuss the case with her husband, who is “patently interested in its outcome.”
At the resumed hearing the lead counsel to Atiku and PDP, Dr Levi Uzoukwu, applied for 10 minutes private audience with the five-member panel and lead counsel in the matter for an undisclosed reason.
However at the end of the meeting held in the Chambers, Bulkachuwa announced in the open court that the meeting discussed extensively the application by Atiku and PDP that she recused herself from the matter.
She said since the request of the petitioners had been in the public domain, it would be better for the application to be heard in the open court.
She then asked the petitioners’ lawyer to move the application.
Uzoukwu said the petition will come by way of a formal application, promising to file the application Thursday (May 16).
While the counsel to the Independent National Electoral Commission (INEC), Yunus Ustaz, said they were not opposed to the application, counsel to President Muhammadu Buhari, Mr. Wole Olanipekun, said he was ready to respond to the application if the petitioners are ready to move the application orally.
He, however, said if the petitioners prefer a formal application, then they will be asking for the normal seven days provided by the law to respond.
The counsel for the APC, Mr. Lateef Fagbemi said he aligned himself with the position of Olanipekun.
Consequently, Justice Bulkachuwa said: “Application yet to be filed is adjourned to May 22 for hearing.”
