The Justice Isa Ayo Salami-led five-man panel, adjourned ruling on the matter sine-die, after listening to heated legal arguments between the respondents and the petitioner yesterday.
Whereas President Jonathan, who argued through his counsel, Chief Olanipekun, SAN, insisted that the petition was smuggled into the registry of the court on a Sunday, the CPC on the other hand urged the tribunal to overlook the day it was filed and proceed with hearing the suit on its merit.
Both Chief Olanipekun and counsel to the PDP, Chief Joe-Kyari Gadzama, SAN, contended that Section 137 (3) of the Electoral Act 2010 (As Amended), Order 3 Rule 9 of the Court of Appeal Rules 2011, Order 46 Rule 4 of the Federal High Court (Civil Procedure) Rules 2009 and Paragraphs 4 (d) and 47 (1) of the 1st Schedule to the Electoral Act 2010 (As Amended), forbade the filing of election petitions on a Sunday.
Meanwhile, counsel to the CPC, Mr Ebun Shofunde, SAN, contended that those who made the rule gave the President of the Court of Appeal the discretion to direct that the registry be opened on any day apart from week days.
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