The Presidential candidate of the Peoples Democratic Party (PDP) in the last general election, former Vice President Atiku Abubakar, has concluded plans to file an appeal on Monday, Sept. 23, challenging the ruling of the Presidential Elections Petitions Tribunal (PEPT), upholding President Muhammadu Buhari’s victory. Ahead of Wednesday’s deadline to appeal the tribunal’s verdict, Atiku has reportedly put together 70 points as grounds for the appeal. The PEPT judgement was delivered on September 11 and Atiku, as the appellant, had 14 days to file an appeal. By this calculation, the deadline for filing an appeal is Sept 25, while the petition has a lifespan of 60 days within which it must be determined.
One of Atiku’s lawyers, who elected anonymity, told Huhuonline.com that the former vice president’s legal team had put together 70 grounds of appeal based on errors dictated from the PEPT’s judgement.
He said, “We will file latest on Monday, September 23, and at most, due to any unforeseen reason, by September 24. Bear in mind that the deadline for submission is Wednesday. We won’t file on Wednesday for tactical reasons.”
The lawyer also ruled out the possibility of a new legal team, because the new lawyers would not have sufficient legal background of the petition since the Supreme Court panel is expected to deliver its judgement within 60 days from September 25. According to the source, one of the 70 grounds of appeal is that “the judgement of the PEPT was based on the facts; the judgement was not on the issues presented to the Court of Appeal presidential tribunal by the petitioner, especially in relation to the respondent’s academic qualifications.”
The lawyer continued, “Take, for instance, one of the respondent’s witnesses, Major General Paul Tarfa (rtd), called by President Muhammadu Buhari’s lawyers said that they did not give their qualifications to the Military Board. Tarfa’s testimony is against the claim by Buhari that the Nigeria military is in possession of his certificates. “Secondly, Buhari said that he was recruited into the military in 1961 and Tarfa said in 1962, so what is the correct date of his recruitment into the army. Somebody is not telling the truth.
“The issue in question is who entered the different grades for him from both the Cambridge and the West African School Certificate results. This is the first time that the court will say that the documents are admitted in the interest of justice. So, who entered the different grades for him and if he did it, why?
“One of the grounds of appeal is that the President’s Chief of Staff, Abba Kyari, brought the Cambridge documents dated July 18 and testified on July 20. The point here is that it was not pleaded, when the respondent replied to the petitions of Atiku. So, speaking as in point of law, you don’t speak on documents not pleaded.
“The WAEC documents contradicted the Cambridge documents. This is a case of forgery, inconsistency in documents.” The lawyer added, “On the INEC server, the judgement of the PEPT said the INEC server was hacked and we then asked; which of the servers was hacked? “The tribunal judgement was based on the Electoral Act section 52 (1) (B), but this aspect of the law has since been deleted in 2015. It is no longer in existence. This was the case in Wike Vs Peterside.
“If the judgement said INEC server was recklessly hacked, then, there is a server and, therefore, a criminal offence. Yet, INEC did not claim so or that its documents were stolen. How come the judge reached this scandalous decision? If section 52 (1) (B) is no longer in existence, how come the lead judgement came to this decision? It was not based on the documents pleaded. Therefore, how come it was decided so? That means that the judge went on a voyage of discoveries and exploration. Buhari was not accused of forgery. Rather, he was accused of lying, when he said the army was in possession of his documents
“In his form CF001, he presented an affidavit, instead of his certificates. PEPT relied on the CV presented. We are asking, is that supposed to be so? CV is basically to show working experience. No Primary School certificate. The judgement was based on inferences. The judge simply inferred. We are surprised that the PEPT went the way it did. It is our view that the judges would have gone further to help improve our electoral laws as well as use it to commence the reform of the electoral laws. So, these are some of the issues that form the grounds of the 70 points of appeal at the Supreme Court.”
Meanwhile, PDP national chairman, Uche Secondus, has discounted reports that the party is facing threats of implosion after losing power to the All Progressives Congress (APC) in 2015. Secondus said contrary to insinuations making the rounds, the party has continued to wax stronger following the failures of the ruling APC to address the needs to the people, adding that more Nigerians now believed that it would take only the PDP to rescue them.
Secondus however admitted that the party had some challenges, which he contended, were normal in any organization as big as PDP. “Our party is not under any threat. What you call infighting is internal politics, which is healthy in our party. You can’t be talking of collapsing for a party that is waxing stronger and is daily getting into the hearts and minds of Nigerians. The mood of the country after the September 11, ruling of the Presidential Election Petition Tribunal says it all where the heart of Nigerians are politically,” he said.
According to him, PDP remained united and focused. “We are an opposition party with no Presidency. What you are seeing is not unexpected. PDP is a democratic party not just in name, but even in its operations. Members air their views but fall in line with majority position eventually. Our politics is robust and competitive.”
He explained further that the controversy over the appointment of minority leader in the House of Representatives was being handled in accordance with the party’s constitution. He expressed confidence in a peaceful resolution of the dispute, saying at the end, the party would be supreme, more united and democratic. He was optimistic that at the end, members of the party would be satisfied with the party’s fairness and firmness.
As part of efforts to mend fences with the party, six governors elected on its platform visited the Rivers State Governor, Nyesom Wike, who uncharacteristically was one of the earliest people to congratulate President Muhammadu Buhari after the Presidential Election Tribunal upheld his election and dismissed the petition of the PDP contender, Atiku Abubakar. The meeting was attended by Governors Umaru Fintiri (Adamawa), Emeka Ihedioha (Imo); Seyi Makinde (Oyo); Samuel Ortom (Benue); Aminu Tambuwal (Sokoto); and Mohammed Mattawale (Zamfara). After the meeting, Tambuwal, told reporters that the governors were in Rivers to commend Wike “for his sustained projects delivery.”
He said the governors urged him to continue to deliver quality projects and sustain good governance for the development of Rivers State, adding also that the PDP remained strongly united in friendship and brotherhood. “We are here as brothers and friends to the Rivers State Governor, Nyesom Wike, in the spirit of brotherhood and friendship.
