2019: Presidential Election Tribunal Reserves Judgment In Atiku Versus Buhari

The Presidential Election Petition Tribunal on Wednesday said it has reserved judgment in the petition by the Peoples Democratic Party (PDP), and its candidate Atiku Abubakar against President Muhammadu Buhari, the All Progressives Congress (APC) and INEC.

Chairman of the Tribunal, who announced this after taking submissions from all parties, said the date for its delivery of the judgment would be communicated to the parties.

In his submission of his final report, the Presidential candidate of the PDP, Atiku Abubakar declared before the Tribunal that President Muhammadu Buhari resorted to fundamental falsehood to secure clearance from the Independent National Electoral Commission (INEC) to participate in the February 23 poll.

Atiku insisted that Buhari, as candidate of the All Progressives Congress (APC), lied on oath in his form CF001 presented to INEC before standing for the presidential election.

Atiku’s final address which was presented on his behalf by his lead counsel, Dr Livy Uzoukwu (SAN), drew the attention of the Tribunal to a portion of Buhari’s INEC form where he claimed to have three different certificates namely Primary School leaving certificate, WAEC certificate and Officers Cadet certificate.

The petitioner said it was shocking and surprising that,  “No provisional certificate, no certified true copy of the certificates, no photocopy of certificates and in fact no electronic version of any of the certificates was presented by Buhari throughout the hearing of the petition to dispute the claim of the petitioners.

He further said; “More worrisome is the fact that Buhari’s own witness Major General Paul Tafa Rtd, who joined the Nigerian Army with him in 1962 told the tribunal that they were never asked to submit their certificates to the Nigerian Army Board as claimed by Buhari in his form CF001.

“At any rate, the Secretary of the Nigerian Army Board, Olatunde Olaleye had in a statement clarified that Buhari had no single certificate in his personal file with the Nigerian Army”.

Atiku therefore urged the Tribunal to nullify the participation of Buhari in the election on the grounds that Buhari lied on oath to deceive Nigerians and to secure unlawful qualification for the election.

The former Vice President informed the Tribunal that the claim of Buhari that he can read and write in English language as enough qualification for him was of no consequence because ordinary artisans on the streets of Nigeria can also do so, adding that a grave allegation bordering on certificate was not addressed by Buhari as required by law.

The PDP presidential candidate also faulted the claim of INEC that it has no central server, adding that server is a storage facility including computer where database of registered voters, number of permanent voter card and election results, amongst others are stored for references.

He said the claim by INEC that it has no device like server to store information, “is laughable, tragic and a story for the dogs”.

He also debunked the claim of INEC that collation and transmission of results electronically was prohibited by law in Nigeria and asserted that by the Electoral Amendment Act of March 26, 2015, the use of electronics became law and was officially gazetted for the country.

He specifically said that Section 9 of the Act which made provision for electronic collation of results replaced Section 52 which hitherto prohibited the use of electronics and which INEC erroneously held that electronic results transmission is prohibited.

Atiku therefore urged the tribunal to uphold the petition and nullify the participation of Buhari in the election on the grounds that he was not qualified to have stood for the election, in addition to malpractices that prompted his declaration as winner of the election.

Speaking with journalists after the proceedings, counsel to Atiku, Dr Livy Uzoukwu insisted that Atiku’s petition will in one way or the other another expand jurisprudence in electoral matters in the country.

He said his team presented a very good case and that it was now left to the court to do justice.