In its second ruling on Wednesday, the PEPC upheld argument by INEC that it was wrong by the petitioners to raised criminal allegations of intimidation, harassment, corruption, etc against security personnel and some named persons, but who are not parties to the petition.
The PEPC, in the second ruling on a motion by INEC, said the court lacked the vires (powers) to entertain any criminal allegations against any person, who is not before it.
It proceeded to strike out portions of the petition by Atiku and the PDP, where such allegations are contained.
Earlier in the ruling, the court upheld the petitioners’ contention that, issues of qualification and whether or not a candidate supplied false personal information to INEC before the election, could be heard before or after an election.
The court said questions about a candidate’s qualification could be pre and post elections issues that could be heard being either a High Court or an election tribunal.
It held that it has jurisdiction to determine thi issue of whether or not Buhari was qualified to contest the election and whether or not held lied in the personal information contained in the affidavit he submitted to INEC as alleged by the petitioners.
The Presidential Election Petition Court (PEPC) has refused a motion by INEC for the striking out of the petition by Atiku Abubakar and the PDP for excluding Vice President Yemi Osinbajo as a party to the petition.
In the court’s first ruling of the day, on a motion filed by INEC, held that Osinbajo could only be classified as interested party, by not a necessary and unavoidable party, as claimed by INEC.
Justice Mohammed Garba, the court’s Presiding Justice, who read the lead ruling, held that since President Muhammadu Buhari and APC were parties in the petition and represented by lawyers, it was unnecessary to add Osinbajo as a party.
Justice Garba held that the motion was without merit and dismissed it.