The presidential election petition tribunal has dismissed the petition
challenging the victory of President Muhammadu Buhari in the last
election.
At its sitting on Wednesday, the tribunal said the petition filed by
Atiku Abubakar of the Peoples Democratic Party (PDP) lacked merit.
Mohammed Garba, the lead judge, said the PDP and Atiku failed to
provide enough evidence to support the claims in the petition
including those bothered on electoral malpractices.
“I have come to the conclusion that the petitioners have not proved
any of the grounds in paragraph 15 as required. For failure of this,
this petition is hereby dismissed in its entirety,” he said.
Atiku had gone to the tribunal to challenge the victory of Buhari who
was declared winner of the election by the Independent National
Electoral Commission (INEC).
Among the grounds of his petition was that Buhari was not qualified to
contest for president, and that he garnered more votes than the APC
candidate.
But the tribunal said Buhari was “eminently qualified” to contest the
presidential election.
It also ruled that the petitioners failed to prove there were
electoral malpractices in the election.
The tribunal also said they failed to establish that electoral
officials were harassed and that any such harassment influenced the
outcome of the election.
Atiku had claimed results from INEC’s server showed he got more votes
than Buhari but the tribunal dismissed this claim as well.
“It is my view that whatever results you claim to have gotten belong
to a whistle-blower,” the lead judge said.
“It is possible to use scientific method to alter data on a website.
Therefore, the petitioner relied on information from a third party
(and) the evidence is unreliable because it is hearsay and
inadmissible.”
…proceedings stretch beyond 8 hrs
For eight straight hours except for 45 minutes, the presidential
election petitions tribunal proceedings on the outcome of 2019
presidential election has been on.
At around 9:30am on Wednesday, the tribunal began hearing on a
petition challenging the victory of President Muhammadu Buhari of the
All Progressives Congress (APC).
The petition filed by Atiku Abubakar, presidential candidate of the
Peoples Democratic Party (PDP) argued that Buhari was not duly
elected, and that the election was fraught with irregularities.
More than eight hours later, the tribunal is yet to end proceedings.
Although its judgement had been read by the lead judge, Mohammed
Garba, the judges on the five-man panel are still making their
submissions.
The tribunal had only paused proceedings at few minutes past 1pm to go
on a 45-minutes break.
It returned from the break and about three hours later, dismissed the
petition filed by Atiku and the PDP.
It held that the petitioners failed to prove their claims that the
election was marred by electoral malpractices and that Buhari was not
qualified to contest among others.
PDP rejects judgement, heads to S’Court
One of the lawyers to Atiku Abubakar has said that the opposition
presidential candidate will appeal Wednesday’s ruling of the
presidential election petition tribunal.
Online medium, Premium Times reported how the election tribunal,
yesterday, dismissed the petition by Abubakar and the Peoples
Democratic Party (PDP).
The five-member panel of the tribunal unanimously ruled to dismiss the
petition, saying the petitioners did not prove them beyond a
reasonable doubt.
Speaking on the judgement, Mike Ozekhome, one of the lawyers
representing the petitioners, said they would “challenge the
‘misevaluation’ of critical evidence in the judgement.”
“That we’re appealing to the Supreme Court is as certain as death,”
Ozekhome, a Senior Advocate of Nigeria, said.
When contacted last night, the former president of Court of Appeal
Justice Ayo Salami (rtd), said, “I have not seen the judgement not to
talk of reading it. So how can I comment on what news media will say
tomorrow, today. Like I said, I have not read the judgement.”
In his response, the Director-General, Atiku Abubakar Campaign
Organisation in Kwara State, Dr Ali Ahmad, said, “If he so wishes,
Alhaji Atiku Abubakar is entitled to exhaust his constitutional
mandated right of appeal to the Supreme Court. It will enrich our
jurisprudence and strengthen the elector process.”
…Buhari qualified to contest presidential election, tribunal rules
The presidential election petition tribunal has ruled that President
Muhammadu Buhari is qualified to contest the presidential election.
Delivering its ruling on Wednesday, the tribunal said the evidence
tendered by the Peoples Democratic Party (PDP) shows that Buhari was
qualified to run for president.
The ruling was read out by Muhammed Garba, the head of the appeal court panel.
“The CV contains impressive credentials that enable the second
respondent (Buhari) to contest for the presidential election,” Garba
held.
“The second respondent has more than secondary school certificate.
There is no doubt he is not only qualified but also eminently
qualified to contest the election as shown by the evidence presented
by the petitioners themselves.”
Atiku Abubakar, presidential candidate of the Peoples Democratic Party
(PDP), had filed a petition at the tribunal challenging the victory of
Buhari who contested under the All Progressives Congress (APC).
Among the grounds of his petition is that Buhari did not possess the
necessary academic qualification to contest the election.
He also alleged that Buhari submitted false documents to the
Independent National Electoral Commission (INEC).
But while delivering the ruling, Garba said there was no evidence
before the court to show that Buhari lied in his submission to INEC.
He added that nothing shows he joined the army without the secondary
educational qualifications.
On whether he studied up to secondary school certificate level, the
prerequisite for running for president, the lead judge referenced some
documentation from the army which said it was in possession of
Buhari’s secondary school results where he passed a number of subjects
including English Language.
He also quoted a previous ruling of the court of appeal which defines
“school certificate level” or its equivalent as education up to
secondary school certificate examination level.
On the purported error in Buhari’s Cambridge certificate, the judge
said the second respondent is not the maker of his certificate, and
that there is nothing to show that the errors in the names of Buhari
as indicated on the certificate from Cambridge and WEAC implied that
they do not belong to him.
“I am of the strong view that the petitioners did not prove that the
second respondent does not possess the necessary qualification to
contest for president,” the lead judge said.
“I am also of the firm view that the petitioners have failed to prove
that the second respondent (Buhari) submitted false information.”
The final judgement is being awaited.
It’s victory for Nigerians – President
President Muhammadu Buhari has said the ruling of the Presidential
Election Petition Tribunal on the February 23, 2019 poll, is a victory
for Nigerians who trooped out to overwhelmingly elect him for a second
term in office.
“Good conscience fears no evil report. I was unperturbed all along
because I knew Nigerians freely gave us the mandate. We are now
vindicated,” the president was quoted as saying in a statement by his
spokesperson, Femi Adesina.
Buhari dedicated the victory to God and to Nigerians, while also
commending the judiciary for “dispensing justice without fear or
favour.”
President Buhari extends a hand of fellowship to those who had felt
aggrieved at the outcome of the election and went to court, noting
that it was within their democratic rights.
He noted, however, that with the pronouncement of the judiciary, “It
is time for the country to move forward as one cohesive body, putting
behind us all bickering and potential distractions over an election in
which Nigerians spoke clearly and resoundingly.”
Buhari’s re-election was challenged by the Peoples Democratic Party
and its presidential candidate, Atiku Abubakar.
…no evidence INEC transmitted results to server
The presidential election petition tribunal said there is no evidence
that the Independent National Electoral Commission (INEC) transmitted
results of the last presidential election to any server.
Atiku Abubakar, presidential candidate of the Peoples Democratic Party
(PDP), had said results from the server of INEC showed he defeated
President Muhammadu Buhari in the election.
In his submission to the presidential election tribunal, the former
vice-president gave the “unique MAC address and Microsoft product ID
of the INEC server” from where the results were obtained.
According to the result declared by INEC from the 36 states and the
federal capital territory (FCT), Buhari polled 15,191,847, while Atiku
came second with 11,262,978 votes.
But in his petition submitted at the tribunal, the PDP candidate
claimed he garnered a total of 18,356,732 votes to defeat Buhari, who,
according to him, polled 16,741,430 votes.
But in his ruling on Thursday, Mohammed Garba, the presiding judge,
said the petitioners failed to prove the existence of an INEC server
or that the electoral commission transmitted results electronically.
Garba said there is no law in place in Nigeria that allows electronic
transmission of results or the transmission of result using card
reader.
“I have carefully examined exhibit 28 (INEC Manual for Election)
tendered by the petitioners, I did not see where there is provision
for electronic transmission of result of election,” Garba held.
“There is no provision authorising the first respondent (INEC) or any
of its officers to transfer election results to any of the server.”
9 highlights from tribunal
The presidential election petition tribunal has so far delivered at
least nine rulings ahead of the final judgement on the petition
challenging the outcome of the presidential election.
Before it went on a break at past 1pm, the tribunal sitting in Abuja
dismissed a motion filed by the Independent National Electoral
Commission (INEC) alleging that Livy Uzoukwu, lead counsel of Atiku
Abubakar of the Peoples Democratic Party (PDP), is not a legal
practitioner.
The tribunal held that the claim is unfounded and that Uzoukwu was
called to the Nigerian Bar, and was conferred on the title of senior
advocate of Nigeria (SAN) in 1992.
The other rulings given so far are:
INEC’S CLAIM THAT OSINBAJO SHOULD HAVE BEEN JOINED IN THE SUIT DISMISSED
Citing section 178 of the 1999 constitution, the tribunal said there
is no need for Osinbajo to be joined in the matter. “The
vice-president was nominated by the presidential candidate,” the lead
justice said.
INEC’S REQUEST TO STRIKE OUT SOME OF PDP’S WITNESSES DENIED
INEC had in another motion asked the tribunal to strike out some of
the documents and witnesses brought forward by the PDP and Atiku. The
court, however, refused this prayer.
ATIKU’S RIGHT TO PETITION AGAINST BUHARI’S VICTORY AFFIRMED
INEC had requested the tribunal to dismiss Atiku’s prayer seeking
Buhari’s disqualification on the grounds that he was not qualified to
contest the election, saying it is a pre-election matter.
The tribunal, however, held that the issue is not a pre-election
matter, and that it is accepted based on the provisions of the
electoral act 2010 as amended.
It ruled that section 138 (1)(a) of the electoral act allows for the
filing of the petition relating to the allegation of false
information.
CLAIMS THAT BUHARI INDUCED VOTERS WITH GOVT FUNDS DISMISSED
The tribunal also struck out some paragraphs of the petitions filed by
the PDP and Atiku in which they accused Buhari, the second respondent,
and Osinbajo of using government funds to induce voters.
It agreed with the submission of Buhari’s counsel that it has no
jurisdiction over the matter and that the court lacks power to try
those accused of using government funds for purposes they were not
appropriated for.
ATIKU’S MOTION INDICTING SECURITY OPERATIVES DISMISSED
The tribunal dismissed parts of the application filed by the PDP and
Atiku accusing the security agencies of rigging the election in favour
of Buhari.
It upheld a submission submitted by INEC that the PDP and Atiku should
have joined the security agencies in questions in the suit filed.
ATIKU QUALIFIED TO FILE THE PETITION
The tribunal also dismissed a contention by Buhari that Atiku was not
qualified to file the petition challenging his election.
It ruled that the petitioners have every right to present their
petitions to the court in line with the provisions of the electoral
act 2010 as amended. It also said there is no inconsistency in the
petition as submitted by the PDP.
ATIKU’S ARGUMENT ON USE OF CARD READERS AFFIRMED
The tribunal ruled against the motion filed by Buhari, challenging
Atiku’s argument on the non-use of the smart card reader and other
electronic devices. It held that the use of card reader is a valid
component of the electoral process.
ATIKU’S CLAIM THAT THE APC ABUSED COURT PROCESS DISMISSED
The tribunal also dismissed the motion filed by the PDP and Atiku
alleging abuse of court process, relating to an application filed by
the APC, the third respondent.
How it went: Tribunal’s verdict on Atiku’s petition against Buhari
LONGEST COURT SITTING IN NIGERIA’S HISTORY?
The tribunal proceeding has been on for more than nine hours since it
began at about 9:30am. No wonder one of the lawyers present said it is
probably the longest court sitting in Nigeria’s history.
The court dismissed the petition in its entirety after it held that
the PDP and Atiku failed to prove the allegations raised.
ELECTORAL OFFICIALS HARASSED?
The PDP claimed electoral officials were harassed and no voting in a
number of polling units. But the lead judge said the petitioners
failed to call the polling unit agents involved to testify to the
alleged harassment.
On the PDP’s claim of electoral violence and harassment of electoral
officials, Garba said the party failed to call the polling unit agents
who are in a position to testify to the purported arrest and
harassment.
DID BUBA GALADIMA’S ENCOUNTER WITH SECURITY OPERATIVES INFLUENCE THE ELECTION?
Garba further said that Buba Galadima’s alleged harassment by security
operatives has nothing to do with the criminal allegations of
malpractices in the presidential election as claimed by the PDP.
The lead judge proceeds to list some of the allegations the PDP and
Atiku raised in their petition: Compromised printing of election
materials, manipulation of ballot boxes, manipulation of card readers,
manipulation of accreditation and collation, manipulation of security
agencies and militarisation of election, manipulation of election
materials’ delivery, arbitrary arrest of petitioners’ supporters and
massive thumb-printing of ballot papers.
The lead judge said nothing to show there were malpractices in the
presidential election. “The evidence put forward by the witnesses
called by the petitioners is not sufficient to prove the monumental
allegation of electoral malpractices pleaded,” Garba said.
The tribunal is still reading out the various premises contained in
the argument on whether Buhari was duly elected as president.
