Tag: atiku

Presidential poll: Atiku, Obi play up 25% in FCT to sack Tinubu – By Ehichioya Ezomon

Where will the pendulum swing in the petitions at the Presidential Election Petitions Court (PEPC) sitting in Abuja? Will it favour President Bola Tinubu of the ruling All Progressives Congress (APC) or either of the opposition candidates: former Vice President Atiku Abubakar of the Peoples Democratic Party (PDP) and former Anambra State Governor Peter Obi of Labour Party?

It’s the first time – since the return of democracy in Nigeria in 1999 – that four formidable presidential candidates emerged – with three of them running virtually neck-and-neck at the February 25, 2023, poll.

And it’s also the first time that the Judiciary has been sustainably pleaded with to determine the status of the Federal Capital Territory (FCT), Abuja, in regard to election: Whether it’s a specially-designated area or a “State” as stipulated in Section 299 of the 1999 Constitution (as amended).

Atiku and Obi (and Tinubu and Vice President Kashim Shettima) had adopted their final written addresses on August 1, paving the way for the PEPC to reserve judgment to mid or late August or early September, as the petitions were filed in early March, and to span 180 days (six months).

It’s come down to counting the number of days on the finger tips – when the PEPC will deliver its opinion on the declaration of Senator Tinubu as winner of the poll and return as President.

Five of the 18 candidates and their parties that took part in the election had filed petitions against the declaration of Tinubu by the Independent National Electoral Commission (INEC), but two of the petitions were withdrawn, and dismissed.

Two of the remaining three petitions were instituted by Atiku and Obi (and their parties), who emerged first and second runners-up at the voting, querying the declaration of Tinubu on several grounds.

In his final written address on July 22, Atiku prayed to be declared President, based on his claim – which’s disputable – that INEC had admitted he won the election in 21 States. (Going by INEC’s returns, Atiku won in 12 States, and secured 25% in 21 States).

In the alternative, Atiku prayed that the poll be voided and a repeat ordered between him and Tinubu; or Tinubu be disqualified and excluded from a fresh franchise.

Obi not only urged the court to nullify Tinubu’s election, but also to disqualify him as a candidate in the presidential election, and order a new poll in which Tinubu would be excluded.

Atiku and Obi may’ve included being declared President in their pleadings and prayers, but failed to do so in the adoption of their final written addresses – which should serve as icing on the cake.

Whereas the petitions were aimed to restore their alleged “stolen mandates” by Tinubu – in cahoots with INEC – Atiku and Obi acted at the Tribunal like the famed Christopher Columbus, Marco Polo, Mungo Park, and Richard and John Lander looking for “new lands” in a voyage of discovery in the Americas, Asia and Africa.

Atiku and Obi ought to urge the PEPC to declare them as President – as they’d repeatedly claimed that they, and not the former Lagos State governor, won the February 25 poll!

Instead, they asked the court to hold that President Tinubu was unlawfully declared as winner of the election, and order a re-run or cancel the process for a fresh one that should exclude Tinubu.

Even as his election was being questioned in court, Tinubu was inaugurated on May 25 as the 16th President and Commander-in-Chief of the Armed Forces of Nigeria.

Former Borno State Governor and Vice President-elect, Senator Kashim Shettima, was sworn-in as Vice President of Nigeria.

Atiku and Obi hinged their pleadings at the PEPC on “non-substantial compliance” by Tinubu, and “deliberate non-compliance” by INEC with the provisions of the 1999 Constitution, the Electoral Act 2022, and INEC’s regulations and guidelines relating to electronic transmission of results, and in real-time.

Other premises are: INEC’s alleged switching and/or suppression of opposition votes in favour of Tinubu and the APC; Tinubu’s failure to secure 25% of the votes cast in the FCT; and his alleged forgery of biodata, forfeiture for drug-related offence in the United States, and possession of dual citizenship of Nigeria and Guinea.

Any of these allegations could be grounds for cancellation of the election, and ordering a re-run; nullification of the entire process and sanctioning of fresh voting; and disqualification of Tinubu and exclusion from another poll.

Still, of the grounds for litigation by the petitioners and respondents, the most canvassed is the failure of Tinubu (and Atiku) to obtain 25% of votes cast in the FCT – which Atiku and Obi argued is mandatory – plus 25% score in 24 of the 36 States of the federation.

Though the respondents – INEC, Tinubu, Shettima and APC – had rebutted Atiku and Obi’s claims of the FCT having a special status of representing entire Nigeria – and thus incumbent on candidates to secure representative votes there – it maybe the linchpin for the opinion of the Tribunal.

Thus, the verdict of the five-member panel of Justices will be epochal in several respects, due to the peculiar nature of the poll, and the controversy about the FCT.
Pre and post-election, Atiku and Obi made heavy weather about voter intimidation, vote buying, vote suppression, widespread violence, and alleged manipulation of the process by INEC, to favour Tinubu and APC.

But these allegations took the back stage at the Tribunal, as the petitioners focused on what would ordinarily be pre-election issues, to disqualify Tinubu (and Shettima) from contesting in the February balloting.

If Obi’s accused of being “over-ambitious” for wanting to be President when he came third at the poll with 6,101,533 votes – a margin of 2,693,193 votes behind Tinubu’s 8,794,726 votes; how do you situate Atiku’s craving to be President on grounds that Tinubu’s election be voided because he didn’t score 25% of the votes cast in the FCT?

In the INEC declaration, Tinubu scored 90,902 votes (19%), Obi polled 281,717 votes (59%), and Atiku received 74,194 votes (15%). Yet, Atiku prayed the court to remove Tinubu, and declare him winner of the poll.

If Tinubu’s sacked because he failed to secure 25% of the votes cast in the FCT, on what basis would Atiku be declared winner when he scored less votes than Tinubu in the Territory?

This could happen only on one ground: Disqualification of Tinubu from the February 25 presidential election. In that instance, the votes scored by Tinubu would be wasted, and that would put Atiku in good stead to meet the 25% threshold in 24 of the 36 States and the FCT.

It’s a similar scenario that Obi (and LP) has woven about and around 25% in the FCT. Still, Obi stands on a stronger pedestal than Atiku, as he scored 59% of the votes cast in the FCT.

But that won’t catapult Obi to the front row – and the Presidency – unless Atiku’s votes are also discounted, or Obi’s overtaken Atiku if Tinubu’s disqualified, and his votes are wasted.

So, to all parties to the electoral dispute at the PEPC, it’s a guessing game as to where the ruling will go. Yet, the pressure appears more on the petitioners: Atiku and Obi, than on the respondents: the INEC, President Tinubu, Vice President Shettima and the APC, who’ve simply asked the court to dismiss the petitions for lacking merit, and without foundation.

Will the FCT break the ice at the PEPC? Whichever side that carries the trophy may’ve a temporary victory, as the Supreme Court will surely entertain appeals from dissatisfied disputants. The days ahead are anxious and expectant!

August 8, 2023
Just In: US Court dumps Atiku’s suit seeking access to Tinubu’s educational records

The presidential candidate of the Peoples Democratic Party (PDP), former Vice President Atiku Abubakar, has suffered a majoy legal setback in the United States where he had gone to seek information in his struggle for the seat of power.

His bid to subpoena the Chicago State University, United States ahead of the judgment of the Presidential Election Tribunal was rejected by a Circuit Court of Cook County, Illinois County, United States.

The court dismissed the lawsuit filed by the PDP candidate to get access to President Bola Tinubu’s confidential educational records at Chicago State University.
Atiku had reportedly filed the suit without due process. But sensing defeat, he quickly withdrew the case.

According to the Circuit Court papers, Justice Patrick J. Heneghan dismissed the case without prejudice.

In the judgment of July 31, 2023, the judge held that the “petitioner’s subpoena in this case is withdrawn, and thus Chicago State University will not be deposed pursuant to the subpoena in this case.”

Ruling on the matter, Justice Heneghan said “the case is dismissed without prejudice and resolves all matters pending before the court.”

Atiku and his supporters often erroneously claim that President Tinubu did not attend Chicago State University in a bid to stain his character and reputation.

A leading Chicago State official has again confirmed that the President is a long time and distinguished alumnus of the University.

In an affidavit, the Registrar of Chicago State University, Caleb Westberg, deposed that “Bola Ahmed Tinubu graduated and was awarded a degree by Chicago State University on June 22, 1979.

August 6, 2023
Palpable fear as Tinubu, Atiku, Obi await verdict

After about three months of intense legal fireworks, the five-member panel of the Presidential Election Petition Court in Abuja hearing the petitions filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, and his Labour Party (LP) counterpart, Mr. Peter Obi, last Tuesday reserved judgment.

The presiding judge of the court, Justice Haruna Tsammani told the petitioners that a date for judgment would be communicated to them.

The court has until September 16 to deliver the judgment, going by the statutory constitutional provision that stipulates that election petitions must be heard and determined within 180 days from the day of filing.

While Obi filed his petition on March 20, Atiku filed his on March 21, both about three weeks after Tinubu was declared winner of the February 25 presidential poll.

Recall that the Independent National Electoral Commission (INEC) had on March 1, declared the presidential candidate of the All Progressives Congress (APC), Bola Ahmed Tinubu winner of the February 25 presidential election with 8,794,726 votes while Atiku and Obi reportedly scored 6,984,520 votes and 6,101,533 votes, respectively.

Atiku and Obi had vehemently rejected the results. They later approached the court with their petitions to challenge the declaration of Tinubu winner of the election.

The two petitioners urged the court to nullify President Tinubu’s victory on the grounds that INEC failed to “substantially comply with the provisions of the Constitution and the Electoral Act” in its conduct of the polls.

They both asked the court to either declare them winner of the election or order a rerun.

Lead counsel to Atiku, Chris Uche (SAN) informed the court that there is no dispute that INEC reserves the discretion to adopt the technology for the conduct of the election, which it chose Bimodal Voter Accreditation System (BVAS) and the Result viewing portal (IReV), which formed part of the new regime of election management in the country to enhance the transparency of collation. He said the substantiality of the non-compliance was nationwide, and not just a polling unit.

“The burden in the new regime, because INEC was empowered and we gave evidence that it was N355 billion, so it is left for INEC to explain to Nigerians; it was not a technical glitch, it was deliberate for the manipulation of the election,” he said.

Counsel to the LP, Livy Uzoukwu (SAN) submitted that an election in which 18,088 polling units’ results were blurred is a very flawed election. Of the result sheets certified by INEC for the petitioners, he said, “8,123 were blurred, some with pictures and pictures certified by them, and how can they say they conducted an election so far?

“Any certified true copy of any document must be an exact replica, that explains why INEC couldn’t produce the originals of the result sheets because it couldn’t have been any other thing than blank sheets,” he said.

Petitioners Couldn’t Prove Claim on Electronic Collation of Results, Says INEC

Atiku and Obi had contended that the failure to transmit results of the presidential election to IREV directly from polling units and simultaneously with the National Assembly elections constituted substantial non-compliance to the Electoral Act and INEC Guidelines as well as created the avenue for the manipulation of the results.

But in their address, the counsel to INEC, Abubakar Mahmoud (SAN) submitted that the petitioners contrived in their minds that there was a provision for electronic transmission, which doesn’t exist but only manual transmission. He added that their evidence failed to prove how the non-compliance affected the results of the election.

The INEC counsel argued that the glitch suffered in the INEC application on Amazon Web Services (AWS) was not unusual for such a new technology and was not a result of human interference. He said the 18,088 blurred results by the LP were merely for dramatisation purposes and did not impact the actual results.

He said agreeing with the argument on the requirement of a 25 per cent score in the FCT would impose special status on a territory of the country, which would be absurd.

Atiku and Obi had contended that the provision in Section 134(2) of the Nigerian Constitution provides that a candidate must score at least 25 per cent of the votes cast in two-thirds of the 36 states of the federation and the FCT, which only Obi polled.

At the hearing, President Tinubu told the court that he scored 25 per cent of the votes in more than half of the Federal Capital Territory (FCT).

His submission was made by his counsel, Wole Olanipekun (SAN) while adopting his objections and final written address against Atiku’s petition. He said the recurring word under Section 134 of the Nigerian Constitution 1999, is “votes”, adding that a similar interpretation was also applied in Shagari vs Awolowo in 1979, maintaining that Tinubu’s total votes reflects 25 per cent of the two-thirds of the votes cast in the FCT.

Olanipekun said for the purposes of the election, the FCT is regarded as the 37th state of the federation. He added that Atiku failed to show the results, which ought to be declared in his favour, adding that the court cannot grant what was not requested by “meddlesome interlopers.”

The senior lawyer argued that uploads are not part of the collation process as they are done physically. He added that the judgments of the Federal High Court in Abuja and the Court of Appeal in Lagos have ruled that INEC has the discretion to choose how to collate the results of an election, adding that the judgment is binding on all parties.

Also submitting, counsel to the APC, Lateef Fagbemi (SAN) said LP failed to prove non-transmission of results from polling unit by polling unit. He said in the event of a rerun, it will be between APC and PDP.

“This is why I say that the petition is ambitious; and if they say they are meddlesome interlopers, it is also correct,” he said.

He said the judgment of the US court was not a criminal forfeiture, adding that there was no defendant and accused.

On dual citizenship, Tinubu said he is a citizen of Nigeria by birth as provided under Section 137(1) of the Nigerian Constitution, 1999.

“And on the petitioner’s summary of the evidence, we observe a lack of fidelity to the actual records, which bind parties and the court, all in an apparent attempt to augment evidential paucity and deficit”.

On the $460,000 forfeiture, Olanipekun said Section 137(1)(d) of the Nigerian Constitution provides that Tinubu is not under any fine as provided in the section.

On Obi’s prayer for a rerun should the court decline to declare him president, Olanipekun argued that the LP flagbearer should not be allowed to participate in the process because he came third in the race. He said the law only provides for Atiku who came second in the contest to participate in a rerun should the court decide so.

“Assuming without conceding, even if there is going to be a rerun, Obi will not be qualified to run. May I therefore urge my Lordships to dismiss this petition. It is an expedition,” Olanipekun said.

On his part, APC’s lawyer, Fagbemi adopted the closing arguments of Mahmoud and Olanipekun in the suit. He said Obi failed to prove polling unit by polling unit INEC’s failure to transmit polling units results electronically.

“The issue of rerun is a two-horse race between the two leading contenders,” referring to Tinubu and Atiku, urging the court to dismiss the petition.

Many are wondering whether with the request, President Tinubu and his party, the APC, were already jittery that they have a very bad case.

August 6, 2023
PEPC: Atiku in court as parties adopt final addresses

The Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Abubakar Atiku, was at the Presidential Election Petition Court, (PEPC) on Tuesday as parties were set to adopt their final written addresses.

The adoption of final addresses is the precursor to fixing a date for judgment in the petition of Atiku and the PDP challenging the outcome of the Feb. 25 presidential election.

The Justice Haruna Tsammani-led five-member panel of the court had on the last adjourned date directed parties to prepare their final briefs of argument and appear before it to adopt.

The court, in a notice to the parties, invited them to adopt their written address with respect to the petition filed against President Bola Tinubu and Vice-President Kashim Shettima, praying the court to nullify their election.

It will be recalled that the Independent National Electoral Commission (INEC), had on March 1, announced that Tinubu of the ruling All Progressives Congress, (APC), won the presidential election ahead of 17 other candidates that participated in the contest.

It declared that Tinubu scored 8,794,726 votes to defeat the two major contenders, Atiku of the PDP, who came second with 6,984,520 votes, and Mr. Peter Obi of the Labour Party, who came third with 6,101,533 votes.

However, dissatisfied with the outcome of the election, both Atiku and Obi approached the court to invalidate it.

The duo, in their separate petitions, claimed that they won the presidential poll, even as they challenged Tinubu’s eligibility to contest the election.

The petitioners are praying the court to nullify the election and order a fresh presidential election, with the exclusion of President Tinubu whom they argued was ab-initio, not qualified to participate.

August 1, 2023
Police arrest Boko Haram members for allegedly planning to attack Atiku’s residence

The police in Adamawa have confirmed the arrest of two suspected Boko Haram insurgents for allegedly planning to attack the residence of Former Vice President Atiku Abubakar in Yola..

SP Suleiman Nguroje, command spokesperson confirmed this to newsmen on Monday in Yola.

He said one of the suspects was arrested by the security detail attached to Abubakar’s house while the other was picked up at a different location in the state capital.

”One of the suspects, a 29-year-old man, confessed to being a Boko Haram member from Damboa in Borno.

”He was arrested at the gate of Abubakar’s residence while trying to carry out the attack at about 9 p.m. on Sunday.

”They said they were sent to study the house, institutions some sensitive places for an attack,” he said.

The suspects, Nguroje said, have been handed over to the military authorities for further action.

July 25, 2023
Presidential Election Tribunal: Makinde, Wike constantly monitoring judges – Atiku’s aide

Phrank Shaibu, the Special Assistant on Public Communication to the Peoples Democratic Party, (PDP) presidential candidate, Atiku Abubakar, has accused the former Rivers State Governor, Nyesom Wike and Governor Seyi Makinde of Oyo State, of constantly monitoring judges as the Presidential Election Petition Tribunal winds down.

According to Shaibu, Wike and Makinde travelled to Plateau State to attend a memorial service hosted by the President of the Appeal Court, Justice Monica Dongban-Mensem, even though they were reportedly not invited.

He said the event ordinarily was supposed to be a solemn service, “but our busybody interlopers polluted the event with their shameful appearance.”

Shaibu made this comment via a statement he signed and released on Monday, where he claimed that Wike had been using dubious means to cosy up to judges and had been giving them gifts under the guise of welfare.

He argued that Wike’s latest visit to an event hosted by the Appeal Court President could be another ruse to influence the appellate court where the current tribunal judges are from.

Continuing, he said that the Chief Justice of Nigeria, Olukayode Ariwoola, made a Freudian slip a few months ago when he claimed he was happy that Governor Makinde was a member of the renegade governors known as the G5.

He said: “Governor Caleb Mutfwang of Plateau State as the host governor, was invited for the programme, but Wike and Makinde were gatecrashers at that event. The reason is not far-fetched. They have continued to cosy up to judges just to impress their paymaster.

“Unfortunately, the CJN, Justice Ariwoola, has also failed to live above suspicion. He was in Rivers State ahead of the election, where he said he was happy that Governor Makinde was a member of G5. Then, at the commissioning of the Oyo Governor’s lodge in Abuja on May 25, the CJN once again was the special guest of Governor Makinde.

“Today, there are rumours that the next attorney-general will be a kinsman of the CJN as part of efforts to manipulate the outcome of the election petition tribunal. While this has not been proven, the fact remains that the CJN has put himself in a position where his integrity is constantly questioned.”

July 25, 2023
Atiku is yet to recover from shock defeat of the last election – Tinubu

Nigeria’s President, Bola Ahmed Tinubu has said that the attempt by the Peoples Democratic Party, (PDP) presidential candidate, in the last general election in the country, Atiku Abubakar, to blackmail the judiciary will fail.

Tinubu added that Atiku’s latest comment on the result of the election has shown that he has not recovered from the shock defeat of the 2023 presidential election.

He charged Atiku to provide evidence of his administration trying to undermine the judiciary.

In a statement by his spokesman, Dele Alake, the president said Atiku’s claims were full of innuendos, insinuations and outright lies.

According to Alake: “We have read the laughable and jejune statement by former Vice President and Peoples Democratic Party Presidential candidate in the last election, Alhaji Atiku Abubakar.

“It is obvious that having been thoroughly defeated by the All Progressives Congress and now President Bola Ahmed Tinubu, the former Vice President has not fully recovered from the shock of defeat, hence the current attempt to mischievously rake up another round of inanities that offend basic logic and rational thinking.

“In the ill-thought out and illogical statement, Alhaji Atiku accused the current administration of the governing APC of plotting to undermine the judiciary without providing any shred of evidence. Apart from innuendos, insinuations and outright lies contained in the said press statement, the former Vice President Atiku didn’t put forward any convincing argument to support his claims on how the President Tinubu-led administration and APC sought to undercut, undermine and compromise the judiciary.

“If the former Vice President believes in democracy and the sanctity of the Judiciary, as claimed, he would not engage in making spurious and wild allegations aimed at disparaging and discrediting an important arm of government that should serve as the bulwark for our democracy.

“He shamelessly resorted to this cheap attempt to intimidate and blackmail the Judiciary even when he is party to a case before the Presidential Election Petition Court.

“Let it be said that when it comes to matters of fighting for democracy and democratic ideals, rule of law and independence of Judiciary in Nigeria, President Bola Tinubu stands shoulder above Atiku Abubakar. When President Tinubu was leading the charge against the emasculation of the judiciary and promoting the sanctity of rule of law as the building block for good governance as Governor of Lagos State between 1999-2007, under a PDP central government, Alhaji Atiku was nowhere to be found.

“It is on record and to his eternal credit that President Tinubu, through the instrumentality of the law and Judiciary, successfully challenged many of the draconian and obnoxious decisions of the PDP-led Federal Government that trampled on the rights of the States as federating units. Lagos State under the leadership of the then Governor Tinubu won over 13 cases up to the Supreme Court against the hydra-headed PDP administration at the centre.”

Continuing, the statement stated that Tinubu can never undermine the judiciary because he won the last election.

“No leader with such a sterling and enviable credential as a champion of rule of law, independence of judiciary like President Tinubu will ever contemplate undermining the Judiciary as alleged by Alhaji Atiku.

“President Tinubu won a free, fair and credible election. The February 25, 2023 Presidential election that produced him is the most transparent election ever conducted in Nigeria since 1999.

“President Tinubu and the APC absolutely have no reason to undermine the judiciary in the hope of any favourable judgement,” he added.

July 23, 2023
‘INEC confirms I won in 21 states, declare me winner’ – Atiku tells Presidential Tribunal

Alhaji Abubakar Atiku, the presidential candidate of the Peoples Democratic Party, (PDP) in the last presidential election has asked the Presidential Election Petition Tribuna (PEPT) to uphold the declaration of the Independent National Electoral Commission, INEC, that he (Atiku) won 21 states in the February 25 presidential election.

Atiku made this comment on Friday while presenting his final address in support of his joint petition with the PDP seeking the nullification of INEC’s declaration of Ahmed Bola Tinubu as winner of the poll.

In the final address settled by his lead counsel, Chris Uche SAN, Atiku said that INEC’s assertion that he won in 25 states was neither disputed, retracted, debunked nor claimed to be error through the proceedings of the tribunal so far.

Recall that INEC had in its response to Atiku’s petition, asserted that the PDP presidential candidate won 21 states of the Federation in the last presidential poll.

The 21 states listed by INEC as having been won by Atiku and PDP are Adamawa, Akwa Ibom Bauchi, Bayelsa, Borno, Delta, Ekiti, Gombe, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Osun, Sokoto, Taraba, Yobe and Zamfara.”

The former Vice President said that since the electoral commission, which on its own averments claimed that he won those states and did rebut the assertion throughout the proceedings, the tribunal should proceed to uphold the declaration.

The final written address read in part, “Very importantly, the 1st Respondent (INEC) who conducted the election made an open admission in paragraph 18 of its Reply to the Petition, where it unequivocally stated thus:

“The 1st Respondent further avers that in compliance with extant laws and regulations, it diligently discharged its duties when it collated the 1st Petitioner’s (Atiku) scores at the election, which aggregate to 6,984,520, winning only 21 states, to wit: Adamawa, Akwa Ibom, Bauchi, Bayelsa, Borno, Delta, Ekiti, Gombe, Jigawa, Kaduna, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Osun, Sokoto, Taraba, Yobe and Zamfara.

“Indeed, as admitted by the first Respondent (INEC), the first Petitioner (Atiku) won in these 21 states. It is important to note that throughout the trial, the first Respondent (INEC) neither refuted or countermanded this critical averment nor denied it.

“We urge your Lordship to hold that this constitutes an admission that requires no further proof. It also constitutes an admission against interest.

Atiku therefore pleaded with the Tribunal to uphold the assertion of INEC in the process and declare him winner of the February 25 Presidential Election.

July 22, 2023
PEPC: Atiku, Obi have no proof that presidential election was rigged, says APC

The All Progressives Congress, (APC), has said that Alhaji Abubakar Atiku failed to provide credible evidence to substantiate his allegation that the presidential election was rigged in favour of President Bola Tinubu.

The APC has also said that Mr Peter Obi and the Labour Party’s evidence against President Tinubu was minuscule and deficient in credibility.

Both Atiku and Obi and their parties dragged the Independent National Electoral Commission (INEC) before the Presidential Election Petition Court (PEPC), challenging the victory of Tinubu at the Feb. 25 presidential election.

The APC in its final brief of argument filed at the court through it’s team of lawyers led by Mr Lateef Fagbemi, SAN, argued that Atiku and the PDP were not entitled to any of the reliefs they were asking for in their petition.

The APC held that the petitioners only dumped documents on the court and claimed that such documents were enough evidence to prove their allegations.

The party further argued that the petitioners failed to demonstrate or link the documents to specific allegations they raised against Tinubu’s victory.

According to the APC, it is not enough to merely identify exhibits without making the added effort to demonstrate their relevance by correlating them with witnesses adopted depositions.

“On the effect of the dumping, we urge your lordships to hold that all the documents have no probative value.

“The fact that the documents were tendered by learned senior counsel for the petitioners from the bar makes the case even worse for them.

“The duty is not on the judge to retreat to his hallowed chamber and engage in cloistered examination of the documents that were dumped before him in the open court,” the party said.

The party further argued that the allegation of the petitioners that the election was rigged, was not tied to any specific polling unit in the local government areas of each of the 24 states whose elections they challenged in the petition.

They said that the petitioners made blanket allegations and that some of the allegations were criminal in nature.

“The law required that they should be proved through cogent, credible and reliable evidence.”

The party insisted that most of the exhibits tendered by Atiku were not relevant to the petition since they were not pleaded or set out any relevant fact.’

“Aside from the allegation of non-qualification that the petitioners raised against the respondent, all other allegations in their petition are supposed to be set out on polling unit basis or proved beyond reasonable doubt.”

The party submitted that the case of the petitioners must fall like a pack of cards and prayed the court to dismiss the petition and uphold the election of Tinubu.

On the educational qualification of the president, the party argued that the exhibits tendered in court only established that he indeed attended Chicago State University in the United States and graduated with honours.

The party also held that the petitioners failed to produce the genuine certificate from which the alleged forged certificate was made.

On the alleged forfeiture of 460, 000 dollars following his alleged involvement in a drug related case, the APC, said there was no evidence that he was ever charged, convicted or fined for any criminal case.

The party held that there was no criminal proceedings or pronouncement of verdict of guilty against Tinubu to warrant his disqualification.

On the allegation of dual citizenship, the APC, argued that his possession of Guinean Passport was not a sufficient grounds to disqualify him from contesting or nullifying his election.

The APC held that the president was a bona fide Nigerian by birth and not by registration or neutralisation.

“A Nigerian born citizen does not lose his citizenship as a Nigerian or his right to vote or be voted for in an election in Nigeria by acquiring dual citizenship of a second country.”

Moreover, the party held that the s
Tinubu’s sole witness had testified to Tinubu’s Nigerian citizenship.

The party held that the petitioners submission that Tinubu did not secure 25 per cent of votes cast in the Federal Capital Territory, FCT, Abuja, in the presidential election was pedestrian and preposterous.

“The FCT does not enjoy a special status as a constituent unit or a state under Section 134(2) (a) and (b) of the 1999 Constitution, as amended.

“Abuja voters have no veto power to singularly hang the outcome of presidential election that is otherwise conclusive, simply because a candidate did not poll or secure at least one quarter of votes cast in the FCT in a presidential election.

“We submit that there is equality before the ballot.”

Recalled that the court on July 4, concluded hearing in Atiku’s petition as the respondents closed their defence.

Atiku and his party who came second in the election, approached the PEPC asking the court to nullify Tinubu’s election and withdraw the certificate of return he was issued.

Atiku and the PDP called 27 witnesses as against the 100 they had said in the pre-hearing report that they would csll.

For his part, Obi called in 13 out of the 50 witnesses he has planned on calling and tendered a plethora of documents including over 18,000 blurred results sheets on which INEC based its declaration of Tinubu as winner.

The APC Obi and his party led evidence by calling witnesses from only a few polling units, wards, local government Areas and local area councils from the disputed states and the FCT.

“Specifically, petitioners called a total of 13 witnesses only in a failed attempt to prove their allegations concerning the 119, 973 Polling Units, 8,809.”

The Independent National Electoral Commission, (INEC), the first respondent in the petition called a lone witness just as president Tinubu also called only one witness.

The APC, however, said that it found no reason to call any witness saying there was no point whipping a dead horse.

July 19, 2023
Presidential election: CSOs call on Peter Obi, Atiku, others to withdraw petitions against Tinubu

The Coalition of Civil Society Organisations for Tinubu/Shettima 2023 has called on all candidates who are not satisfied with the February 25 presidential election to shield their swords and embrace the transformational government of Bola Tinubu.

Recall that the Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar, his counterpart Peter Obi of the Labour Party (LP) and others that participated in the February 25 presidential election, filed their individual petitions against the outcome of Tinubu’s victory.

The Coalition in world press conference delivered by its National Coordinator Dr. Lilian Ene Ogbole, pleaded to a the candidates to accept the result of the election for unity government in national interest.

“It is no news that well-meaning Nigerians all over the world and the international community at large are applauding and giving our dear president ovations for his giant strides thus far, his decisiveness in tackling and containing serious national issues, and the transformational reforms and socio-economic policies and initiatives he has brought to the table in less than 30 days in office.

“These bold steps are gradually resulting in accelerated relief and reassurance of hope in the President’s RENEWED HOPE AGENDA for not just Nigerians but the entire African continent.

“As stakeholders in the Nigerian project, we have deemed it imperative to use this medium to call on all selfless, well- meaning Nigerians and patriots across party lines every where around the globe to shield their swords and embrace this apparently transformational government of national unity and all-inclusiveness.

“We resolved to say unequivocally loud and clear, here and now that the victory in the last presidential election is a victory for all Nigerians regardless of their political affiliation and alignment, religion or tribe, it is indeed a victory for Africa, the entire black race and of course victory for the entire world and humanity at large; it was a no victor no vanquish election.

The Coalition noted that President Bola Tinubu government has thus far proved beyond every reasonable doubt to be transformational in nature with huge potential to reunite, revitalize, renew and reposition Nigeria for breakthrough to an uninterrupted era of progress and prosperity

“Even though we are aware that it is the fundamental right of all aggrieved candidates to seek for a redress in the court of law, in national interest we wish to us this avenue to crave the indulgence of all aggrieved candidates who are seeking for redress in the tribunal to withdraw their litigations against the president and join hands with him in the proposed national unity and all inclusive government.

“We are saying this confidently because we can see from all indications that the Tinubu led administration is ready to work assiduously to install peace, development and progress in Nigeria.

“We are certain that the priority of all candidates of other political parties is to do same selflessly in national Interest since Tinubu is playing out their intentions they could and should go a step further to synergize with him to achieve the same patriotic purpose in national interest.

“For this is the only way to prove to the world that indeed, their struggles are not personal and selfish, but rather in national interest and quest to restore the dignity of man in our domain through initiation and implementation of people friendly policies and programmes.

The coalition also called on all elder-statesmen from across the length and breadth of Nigeria to swiftly without further delays invite all aggrieved parties to a round table meeting and appeal to them not to subvert the will of the people through distractions but to join hands with the government that was willingly elected by Nigerians to change their story through unprecedented development for the betterment of all and Sundry.

June 22, 2023