The All Nigeria Peoples Party presidential candidate in the April 21 poll, Maj-Gen. Muhammadu Buhari, has suffered another setback in his bid to upturn the victory of Alhaji Umaru Yar’Adua at the Presidential Election Tribunal.
His running mate, Chief Edwin Ume-Ezeoke, has filed a motion on notice before the tribunal asking that his name be struck out of Buhari’s petition.
A copy of the motion, filed on Friday by Ume-Ezeoke on behalf of himself and the ANPP, was exclusively obtained by our correspondent on Sunday.
Ume-Ezeoke personally deposed to a nine-paragraph affidavit in which he stated that he and the party had decided that they would no longer press any petition against Yar’Adua.
In a one-page brief he attached to the motion, he accused the former Head of State of distancing himself from the ANPP by not falling in line with its position.
Ume-Ezeoke, who is also the ANPP national chairman, informed the tribunal that he had changed his lawyer, Chief Mike Ahamba (SAN). Ahamba is also Buhari’s lawyer.
The motion was brought under paragraph 50 of the 1st Schedule to the Electoral Act 2006 and Order 12 Rule 16 of the Federal High Court (Civil Procedure) Rules.
Ume-Ezeoke gave the following as reasons why his request should be heeded:
– That application to strike out his name is brought before the commencement of trial of the pending petition;
– That he is the National Chairman of the ANPP which sponsored Buhari for the April 21 poll;
– That the said party heeded the call of Yar’Adua to join his Government of National Unity in the interest of all Nigerians;
– That Buhari does not agree and does not support the party’s decision to join the GNU; and
– That in the circumstance, he as the second petitioner/applicant cannot honourably go along any longer with Buhari, who is the first petitioner/respondent to prosecute the petition against the President.
The affidavit deposed to by the ANPP’s chairman reads,
“I, Chief Edwin Ume-Ezeoke, male, Christian, Nigerian, lawyer resident at 30, Queen Street, Asokoro Abuja, does make an oath and state as follows:
“That I am the second petitioner in this matter.
“That this petition was presented with my name included as the second petitioner for as much as I was the running mate of the first petitioner on record at the Presidential Election of April 21, 2007.
“That I am the National Chairman of the ANPP that sponsored the first petitioner/respondent.
“That I have the authority and consent of the said party to swear to this affidavit.
“That I have already changed my counsel before bringing this humble application to have my name struck out of the petition.
“That the first and second petitioners on record contested the April 21 election for the posts of president and vice-president respectively on the platform of the ANPP.
“That the first and second petitioners parted ways when the second petitioner/applicant obeyed the decision of the ANPP to honour the invitation of Mr. President in moving the country forward.
“But that the first petitioner/respondent rejected the party’s said decision, rather choosing to vehemently castigate me in particular and the whole party leadership and membership in general.
“That in the circumstance, I and the ANPP are no longer desirous of prosecuting the said petition.
“That I make this affidavit, believing same to be true and correct to the best of my knowledge, in accordance with Oaths Act.”
He said that he could not in good conscience continue with the petition since Buhari and himself no longer had a common interest.
The application by Ume-Ezeoke to withdraw from the petition was served on the respondents, including the Independent National Electoral Commission, Yar’Adua, and the Vice-President, Dr. Goodluck Jonathan, on Friday.
None of them has so far filed a counter-affidavit.
The ANPP had last week withdrawn its petition against Yar’Adua on the same grounds now being canvassed by Ume-Ezeoke.
The petition was consequently struck out by the Presidential Election Tribunal on September 11.
Tobi Soniyi, Abuja
The Punch
Monday, September 17, 2007
