THE Presidential standard-bearer of the All Nigeria People�s Party (ANPP), Alhaji Muhammadu Buhari, has filed 20 additional grounds of appeal against the verdict of the Presidential Election Petition Tribunal which endorsed the election of President Umaru Yar�Adua.
He lodged the additional grounds of appeal ahead of the filing of the appeal of the presidential candidate of the Action Congress (AC), Alhaji Atiku Abubakar, on Wednesday.
One of the counsel to Atiku, Chief Emeka Ngige (SAN), said the legal team had concluded work on the appeal.
The Presidential Election Petition Tribunal had dismissed the two petitions filed by Buhari and Atiku to annul Yar�Adua�s election.
The court said they failed to provide substantial evidence to prove their allegations that the April 21, 2007 election which produced Yar�Adua as president was marred by massive rigging and corruption.
Buhari who rejected the verdict had first filed eight separate grounds of appeal to challenge the entire decision.
In the notice of appeal, the ANPP presidential candidate contended that the trabunal erred in law when it held that there was a burden of proof on the petitioner by virtue of Section 146 (1) of the Electoral Act 2006 to prove that the established non-compliance affected the result of the election when there was no such provision in the said section.
In the particulars of error, Buhari averred that the express provision of section 146(1) was for the appropriate party to show that the non-compliance did not substantially affect the result of the election and not that the non-compliance affected the result of the election.
However, in the additional 20 grounds of appeal, Buhari is contending that the tribunal erred in law when it held that �the powers of the President of the Court Appeal under sections 284 and 285 of the Constitution is not limited to the practice and procedure of the Court of Appeal in its appellate jurisdiction, it does extend to the power to issue practice directions not only in the appellate jurisdiction of the Court of Appeal, but also in its original jurisdiction under S.239 of the Constitution.�
Particulars of Error
a.The Court of Appeal Rules to which Section 284 of the Constitution applies is not applicable to the first instance trial of the Presidential Election Petition before the Court of Appeal.
b.The Court of Appeal is the �tribunal� for the determination of Presidential Election petition.
c. The only applicable Rule of Court for the first instance trial of the Presidential Election Petition is the Federal High Court (Civil Procedure) Rules as provided by paragraph 50 of the First Schedule to the Electoral Act, 2006.
d. There is no provision for the enactment of practice direction in either section 284 or 285 of the Constitution.