?
The Presidential Election Petition Tribunal sitting in Abuja yesterday ? set aside its subpoena directing the ?Independent National Electoral Commission (INEC ) chairman, ?Prof. Atahiru Jega, to appear before it ?with some electoral materials for the conduct of ? the April 16 presidential poll, in which he declared President Goodluck Jonathan the winner.
?
?
The Justice Kumai Akaahs – led panel declared that the ?subpoena ? had been overtaken by event since the petitioner; the Congress for Progressive Change (CPC) closed its case last Thursday without making any attempt to actualise the subpoena.
“The subpoena is deemed abandoned and hereby set aside. The application by INEC/applicant seeking the court to vary the subpoena is therefore struck out”, Justice Akaahs ruled.
?
?
Earlier in arguing INEC’s application seeking to vary ?the subpoena, Onyechi Ikpeazu (SAN) told the panel that their application was no longer necessary hence the petitioner closed its case last week before the court could set aside the said subpoena.
Supporting the application, President Jonathan’s lead lawyer, Chief Wole Olanipekun (SAN), said in view of the fact that CPC closed its case without making any attempt to actualise the subpoena signed by Justice Akaahs, “the subpoena has become abandoned and the only thing left is for the court to strike it out, and as far as the records of the court are concerned, the subpoena has become an academic exercise because CPC’s case cannot be re-opened to ?actualise the implementation of its subpoena.
?
?
The matter has been adjourned till today for further hearing.
He cited Supreme Court case of Aderibegbe v Abitoye (2009) 10 NWLR, part 1150, page 592 where the apex court held that “If an appellant filed an appeal and did not do anything to actualise such an appeal is deemed to have been abandoned”.
?
?
Reacting to the ruling, CPC ?vowed to challenge the verdict at the Supreme Court, when its counsel, Abubakar Malami (SAN) told reporters shortly after the ruling that they would test the law at the higher level.
In the meantime, President Jonathan will today open defence when the tribunal resumes proceeding this morning.