The Presidential Election Tribunal has given former Vice-President Atiku Abubakar and his party, the Peoples Democratic Party victory in a ruling on a motion filed by the Independent National Electoral Commission.
In the motion, INEC had sought the dismissal of Atiku and PDP’s petitions because they 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.
However, chairman of the tribunal, Justice Garba Mohammed, 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
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.
Section 137 (2) of the Electoral Act makes Mr. Osinbajo a vital part of the petition.
What if the section above is to be followed the petition would be invalidated.