The stage was set for the legal tussle for the nation’s highest office after the Presidential Election Petition Tribunal, Wednesday commenced hearing in the petitions filed by the candidate of the Peoples Democratic Party (PDP) in the 2019 presidential election, Atiku Abubakar, the PDP and three other political parties and their presidential candidates against the victory of President Muhammadu Buhari and his party, All Progressives Congress (APC). The others are: Hope Democratic Party (HDP) and its presidential candidate, Chief Ambrose Owuru; Peoples Democratic Movement (PDM) and its candidate, Pastor Aminchi Habu and the Coalition for Change (C4C) and its candidate Jeff Ojinka.
Atiku and PDP had filed their petition against the outcome of the election at the Presidential Election Petition Tribunal (PEPT) in Abuja, on March 18, 2019. While HDP and Owuru’s petition was filed March 7; the C4C and its presidential candidate and the PDM and its presidential candidate filed their petitions on March 19, 2019. Atiku and the other petitioners are seeking the nullification of Buhari’s victory at the Feb 23 presidential poll on allegations of widespread rigging, violations of the Electoral Act, suppression of voters, violence amongst other electoral malpractices.
Atiku in his petition specifically asked the tribunal to disqualify Buhari on grounds that he (Buhari) did not possess the requisite academic qualification to contest for the office of President. The petition is also premised on the ground that Buhari lied about his academic qualification as well as schools attended in his form 001 submitted to INEC for purpose of contesting the 2019 presidential election.
The petition is asking the Independent National Electoral Commission (INEC) to overturn the result “on the grounds of irregularities.” In the 141-page petition which contained five grounds, Atiku and the PDP are arguing that they won the election. The two petitioners prayed the Presidential Election Petition Tribunal to nullify the poll and order a fresh election that will be conducted in lines with provisions of the electoral laws. Here are the five grounds on which the petition is based:
That Buhari was not duly elected by the majority of lawful votes cast at the election
Abubakar alleged that “from the data in the 1st respondent’s (INEC’s) server… the true, actual and correct results” from “state to state computation” showed that he polled a total of 18,356,732 votes to defeat Buhari whom they said scored 16,741,430 votes. By this, Atiku claims to have defeated Buhari with 1,615,302 votes.
The election of the Buhari is invalid by reason of corrupt practices
The PDP candidate alleged that the presidential poll was marred with “corrupt practices” before and during the poll. He said the electoral materials were compromised and mentioned the massive thumb-printing of ballot papers and manipulation of security agencies and militarization of the election as means through which the ruling party influenced the election. The election of Buhari is invalid by reason of non-compliance with the provisions of the Electoral Act, 2010 (as amended).
INEC ought to have declared the elections as inconclusive
Atiku said the election was cancelled in “many polling units” in the country. He noted that through INEC declaration “4,171 in number out of the 119,973 polling units in the country. The petitioners aver that the cancelled election covered 2,906,384 registered voters.” Also, he said INEC ordered supplementary elections in 14 states, covering 2,341 polling units with 2,698,773 registered voters, which according to Atiku “did not take place as prescribed by law.” He therefore, contended that if 2,906,384 cancelled votes are added to 2,698,773 voters who did not vote, the figure will stand at 5,605,157, which will exceed the figure of 3,928,869, which was the difference in the margin of Buhari’s victory announced by INEC. Hence, INEC ought to have “declared the February 23, 2019 Presidential election inconclusive.”
Buhari was at the time of the election not qualified to contest the said election
Atiku also alleged that Buhari does not possess the educational qualification to contest any election to the office of the President and that Buhari submitted a “stale general form of affidavit” dated 24th November 2014 instead of “an Affidavit specifically sworn to in respect of the 2019 General Elections.”
Buhari submitted an affidavit with false information of a fundamental nature as to disqualify him
Atiku said Buhari in the “stale general form of affidavit” claimed that all his academic qualification documents are currently with the Secretary Military Board. Meanwhile, “the Nigerian Military has since denied it held or was in possession” of Buhari’s educational certificates. Atiku also claimed the Middle School Katsina and Katsina Provincial Secondary School which the Buhari claimed to have attended in his CV between 1953 -1956 and 1956- 1961 respectively were at the material time, non- existent
At the resumed sitting Wednesday morning at the courtroom of the Appeal Court, Abuja Division, the chairman of the panel and President, Court of Appeal, Justice Zainab Bulkachuwa, cautioned against public discussion of the case as it progresses.
“We are witness to what has been happening in high profile cases where such cases are being discussed and publicly decided prematurely in both the social and electronic media before the announcement of the verdict by the court. We pray that this time would be an exception for the benefit of the nation. We don’t expect counsel to any of the parties to hype the polity after any sitting by making a public analysis in the media as to what transpired in court,” she said.
“This admonition is also extended to the parties, their respective counsel and the members of the press. We on our own part will make relevant information available as and when due…any breach will not be condoned, and we will not hesitate in taking necessary action against such offenders. Justice will be done to all parties without fear or favor, affection or ill-will,” Justice Bulkachuwa noted.
Other members of the five-person panel include Justices Abdul Aboki, Joseph Ikyegh, Samuel Oseji and Peter Olabisi Ige.
