President Muhammadu Buhari today welcomed the ruling of the Supreme
Court of Nigeria, dismissing the case brought by former
vice-president, Alhaji Atiku Abubakar and his party, the Peoples
Democratic Party, PDP, and appealed to them to work in sync with his
government, with the opposition focusing on its role to hold it to
account.
It was the Presidency’s first reaction to the verdict since it was
delivered Wednesday afternoon by a 7-man panel of justices, headed by
Chief Justice Tanko Muhammad.
In the statement by media adviser, Femi Adesina, Buhari thanked the
people of Nigeria for the mandate they gave to him to run the affairs
of the country for another four years.
“The Government – and people of Nigeria – have been aware that the
result of the February 23, 2019, presidential election has been
settled now for some eight months.
”President Buhari was re-elected by an absolute majority of 55.6 per
cent of the national vote, with Nigerians casting nearly 4 million
more votes for President Buhari than his nearest challenger
–representing a margin close to 15 per cent of the total vote.
“The former Vice President and his political party exercised their
rights, under the Nigerian Constitution and electoral laws, to
petition the courts and dispute this result.
”They did so first at the Presidential Election Petition Tribunal
which ruled in September 2019 against them. Now – following his appeal
to the Supreme Court and its ruling to dismiss their case for “lacking
merit” – this matter is now closed.
“The President and Government of Nigeria do wish to extend our
gratitude to former vice-president and his party for undertaking their
campaign through protestations to the courts.
”In this regard they have conducted themselves in line with the laws
of the country they sought to lead.
“Now, following this final legal bid before the highest court, it is
time the country is afforded the right to move on – in the interest of
all Nigerians – regardless of how they voted.
“The elected President and his Government now must be enabled to focus
solely on addressing the issues that concern the country.
”From building economic empowerment and opportunities for the nearly
200 million Nigerians, 60 percent of whom are youths bubbling with
energy, to defeating the twin ills of terrorism and corruption, there
is much work to do.
“So too must the opposition be afforded the right to focus directly on
their vital role of holding the administration to account for its
decisions.”
…why Atiku must join APC in nation building – Tinubu
The National Leader of the All Progressives Congress (APC), Sen. Bola
Ahmed Tinubu, yesterday, urged the PDP presidential candidate, Atiku
Abubakar, to join hands with the ruling party in moving the nation
more assuredly forward.
In a statement he personally signed on Supreme Court’s affirmation of
President Muhammadu Buhari’s re-election, Tinubu commended PDP and
Atiku for their tenacious pursuit of what was their legal remedies.
In the statement entitled: “Presidential Election: Supreme Court
Affirms Will of The People”, Tinubu also congratulated President
Buhari and the APC on a well-deserved legal affirmation of a hard-won
electoral victory.
“The rule of law conclusively affirmed the collective voice of the
people by dismissing the petition filed by the People’s Democratic
Party (PDP) and their presidential candidate, former Vice President
Atiku Abubakar.
“The sun rose high in the Nigeria sky today to shine its light over
the entire land.
“Atiku should now channel the energy and intellect deployed in the
electoral and legal processes toward joining APC “to move this nation
more rapidly and assuredly forward.”
“On February 23, the people tendered the foremost expression of their
sovereign, democratic will by voting for the re-election of President
Muhammadu Buhari.
“This decision and this day will be recorded as important milestones
on Nigeria’s inseparable march toward perfecting democracy and the
rule of law across our land,” he said.
The APC national leader commended the Supreme Court for its
expeditious and highly competent treatment of this important matter.
“Democracy has been affirmed and strengthened. By its ruling, the
Supreme Court also affirmed that the rule of law is paramount; that
the law is to be applied objectively, without regard to fear, friend
or foe.
“The law is the law. Nothing is to be added to it and nothing
subtracted from it. No one should enjoy undue favour or suffer unjust
prejudice from its application.
“In so doing, it undergirded its reputation as the highest court in
the law and the ultimate guardian of the rule of law in our nation,”
Tinubu said.
…how Court crushed Atiku’s hopes
After about five hours of sitting, a seven-man panel led by Tanko
Mohammed, chief justice of Nigeria (CJN), held that the appeal by the
PDP presidential candidate lacked merit.
It upheld the judgement of the presidential election petition tribunal
which affirmed Buhari’s election.
Here is how the proceedings unfolded?
Atiku’s First Setback
The PDP candidate suffered his first loss when the apex court rejected
his plea to allow him to adopt all the briefs filed.
Atiku’s lead counsel, Levi Uzoukwu,had requested that all lawyers
adopt their briefs, both in the main appeal and in seven other
interlocutory appeals.
But the panel turned down the request. It held that the main appeal
covers the interlocutory appeals as well.
‘Muhammadu’ Not Same As ‘Mohamed’
The variation in the spelling of Buhari’s name was brought to the fore
again. This time, Uzoukwu insisted that the second respondent (Buhari)
failed to prove he is the owner of a certificate tendered as an
exhibit.
He said the APC candidate failed to give any explanation for the
discrepancy in his first name “Muhammadu”, and that which appeared in
the exhibit, “Mohamed,” and that the tribunal was wrong to have
speculated without evidence that the second respondent also bears
“Mohamed”.
But Wole Olanipekun, Buhari’s counsel, opposed his argument. He argued
that the PDP counsel had a similar case at the appellate court, but
that it was overlooked.
He said while Uzoukwu was called to the bar by the name, ‘Levinus
Onyemachi Uzoukwu’, he uses only ‘Levi Uzoukwu’ and so, he cannot
question Buhari’s own case.
He also said the variation in Buhari’s name depends on the persons
pronouncing it.
‘Buhari was not qualified to contest for President’
The PDP counsel argued that Buhari was not qualified for the election
because he allegedly failed to tender any of the certificates he said
he acquired.
He said none of Buhari’s witnesses gave evidence as to what the
certificates look like.
But the president’s counsel countered his argument. He said the
Nigerian constitution does not mandate a presidential candidate to
attach his certificates as evidence of qualification.
‘INEC’s argument on Server baseless’
On server, Uzoukwu said section 52(2) of the electoral act which INEC
relied upon in rejecting the use of sever has been amended and deleted
from the electoral act, and so, the argument is baseless.
But INEC lead counsel, Yunus Usman, asked the court to dismiss
Uzoukwu’s submission, saying the amendment only states that INEC has
discretion on how to transmit election results.
In the same breath, Buhari’s lawyer said the court of appeal did not
agree that there was a server contrary to the appellant’s submission,
and that the conclusion is that, “there was a website managed and
controlled by INEC”.
‘Only 5 of 191,000 polling agents called as witness’
Usman also said PDP’s argument on polling units lacked merit because
they failed to call witnesses as required by the law.
The INEC counsel said the party called only five polling agents across
the 191,000 polling units in the presidential election, whereas “the
law requires that a polling agent must be called to testify from each
of the polling units across the country”.
Court asked to throw out PDP’s Appeal ‘As far as hands can go’
The APC had only one prayer: That the Supreme Court throw out the
appellants’ appeal “as far as hands can go”.
Lateef Fagbemi, APC counsel, concurred with Olanipekun’s submission,
and asked the apex court to “throw out the appeal as far as hands can
go”.
And it turned out to be the case.
