LAGOS – After months of legal battle between the ruling All Progressives Congress (APC) and its major opposition, the Peoples Democratic Party (PDP) on the outcome of February 23, 2019 presidential election in which the PDP candidate, Alhaji Atiku Abubakar rejected the victory of President Muhammadu Buhari, the Supreme Court, in a unanimous decision on Wednesday, upheld the victory of President Buhari.
The Supreme Court, while dismissing the appeal filed by Atiku, said it had read all the documents and exhibits filed and tendered in the appeal for two weeks and found the appeal to be lacking in merit.
The panel was led by the Chief Justice of Nigeria, Justice Tanko Muhammad, with six other Supreme Court Justices, who said reason for their decision would be given on a later date.
The PDP and Atiku had appealed the judgment of the Presidential Election Petition Tribunal (PEPT) delivered on September 11, because of alleged “grave legal errors committed by the 5-man panel led by Justice Mohammed Garba”.
Atiku’s appeal was filed on Monday, September 23, 2019 with 66 grounds.
The Genesis
No doubt it was a case that generated several controversies with both parties exchanging words while the case lasted at the PEPT. Atiku and the PDP filed 146 pages petition before the PEPT sitting at the Court of Appeal Complex, Abuja.
They alleged irregularities, non-qualification, violence, intimidation, bias on the part of the Independent National Electoral Commission (INEC) and outright rigging. The petitioners (Atiku and PDP) prayed jointly and severally against the respondents as follows:
(a) That it may be determined that the 2nd Respondent (President Buhari) was not duly elected by a majority of lawful votes cast in the said election and therefore the declaration and return of the 2nd Respondent by the 1st Respondent (INEC) as the President of Nigeria is unlawful, undue, null, void and of no effect.
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(b) That it may be determined that the 1st petitioner (Atiku) was duly and validly elected and ought to be returned as President of Nigeria, having polled the highest number of lawful votes cast at the election to the office of the President of Nigeria held on 23rd February 2019 and having satisfied the constitutional requirements for the said election.
(c) An order directing the 1st Respondent to issue Certificate of Return to the 1st Petitioner as the duly elected President of Nigeria.
(d) That it may be determined that the 2nd Respondent was at the time of the election not qualified to contest the said election.
(e) That it may be determined that the 2nd Respondent submitted to the Commission affidavit containing false information of a fundamental nature in aid of his qualification for the said election.
(f) That the election to the office of the president of Nigeria held on 23rd February 2019 be nullified and a fresh election ordered.
How INEC, Buhari And APC Reacted
On their parts, INEC, Buhari and the APC while challenging the petition urged the tribunal to dismiss the request, the three respondents to the petition (INEC, Buhari and the APC) filed separate responses to counter the claims of the petitioners. The electoral body, in its response filed by its legal team led by Yunus Usman (SAN), applauded the conduct and outcome of the disputed polls as having been conducted in strict compliance with the Electoral Act. It further denied the existence of a central server for the purpose of downloading the results of the election, as alleged by the petitioners.
President Buhari, on his part, denied supplying INEC false information about his academic qualification, while insisting that he was more qualified than Atiku to contest for election. He listed his educational qualifications in his resume as: “Elementary School, Daura and Maid’adua (1948-1952), Middle School, Katsina (1953-1956), Katsina Provincial Secondary School, now Government College, Katsina (1956-1961).”
Buhari maintained that he had not “at any time, provided any false information in Form CF001 submitted to the 1st respondent, either in 2014 or 2018. The affidavit of compliance to the 2019 Form CF001 was correct in every material particular.”
The APC, in its own submission, challenged Atiku’s qualification to contest the election. This position was predicated on the grounds that the PDP candidate was not a Nigerian by birth and was not qualified to contest the election by virtue of Section 131(a) of the Constitution.
In its response filed by Lateef Fagbemi (SAN), its lead counsel, the party contended that Atiku “had no right to be voted for and returned in the election to the office of President of the Federal Republic of Nigeria, having regard to the clear provision of Section 131(a) of the Constitution of the Federal Republic of Nigeria 1999 as amended, which unequivocally stipulates inter alia, that for a person to be qualified for election to the office of President, he must be a citizen of Nigeria by birth. The 1st petitioner is not a citizen of Nigeria by birth and ought not to have even been allowed, in the first place, to contest the election.”
Atiku’s Determination To Claim Victory
Atiku, in a bid to prove his readiness to prosecute his petition, prayed the tribunal to grant him access to check the supposed INEC server. Compelled for evidence before the tribunal to ascertain the existence of the server, the petitioner produced a video clip showing Mike Igini, Resident Electoral Commissioner of Akwa Ibom State, speaking on a TV programme of the possibility of INEC employing electronic transmission of results during the 2019 general elections; INEC countered during one of the tribunal sittings that Igini is not its spokesperson. The petitioners listed about 400 witnesses to prove their petition and even went ahead to generate results of the said election, supposedly from the INEC server in which the petitioners won the 2019 election.
Atiku, PDP’s Witnesses Claims On INEC Server
In the course of the trials, the petitioners called one witness from Enugu State, who averred in his witness statement on oath before the tribunal that he did transmit the result of the election in the area he officiated to the INEC server with a code provided by INEC. But during cross-examination, the witness could not provide the code as he alleged that he left the code in his phone. The witness could not also state the name of the server he sent his result to.
On July 8, 2019, three of the petitioners’ witnesses, Adejuyitan Olalekan, Peter Obi and Adeokun Adeoye, all claimed to have transmitted results to INEC server at the conclusion of the presidential election, as claimed by the petitioners. Obi said he acted as Registration Area Technician (RATECH)/E Collation Officer, appointed by INEC and trained by INEC. He told the tribunal that he was in charge of supervising election in a ward and that his superiors were the Local Government Technician (LG TECH) and the State Technician (State TECH).
Olalekan said he transmitted results to the INEC server, using a code provided by INEC. “The server is connected to the smart card reader. I don’t know the name and number of the server. The INEC server’s name is attached to the INEC server.” He said the election went well in his polling unit and that no incident of card reader malfunction was recorded.
On his part, Adeoye told the tribunal that he acted as an Assistant Presiding Officer (APO) during the election and that he transmitted results to INEC server. He could not recall the scores recorded by political parties in his polling unit. The witness who claimed to have transmitted results to INEC server, using card reader, said he did not provide particulars of the card reader, server code and the location of the said server in his written statement. He also said he could not recall them.
Even the petitioners’ key witnesses, Osita Chidoka and David Ayu Nyango Njoga could not substantiate their claims on the existence of a server. The two said they got information that INEC transmitted results of the presidential election electronically to a server.
How Tribunal Upheld Buhari’s Election
In upholding Buhari’s election victory, the Presidential Election Petitions Tribunal ruled that Buhari’s main challenger in the presidential race, Atiku Abubakar had failed to prove allegations of electoral fraud sufficiently.
The tribunal rejected all three of Atiku’s claims: that the election was marred by irregularities, that he received more votes than Buhari and that the president did not have a secondary school certificate, a basic requirement to contest the election.
“This petition is hereby dismissed in its entirety,” Justice Mohammed Lawal Garba said in announcing the ruling. The five-member panel of justices found that Buhari did have the level of education to contest a presidential election.
Atiku, PDP Head To Supreme Court
Atiku and the PDP rejected the judgment of the PEPT and vowed to seek redress at the Supreme Court. The PDP described the judgment as “provocative, barefaced subversion of justice, and a direct assault on the integrity of our nation’s justice system.”
The party, in a statement by its National Publicity Secretary, Kola Ologbondiyan, said it was particularly “shocked that the tribunal failed to point to justice despite the flawless evidence laid before it, showing that President Buhari was not only unqualified to contest the election but also did not score the majority of valid votes at the polls.”
The PDP said it was “bewildering that a court of law could validate a clear case of perjury and declaration of false information in a sworn affidavit, as firmly established against President Muhammadu Buhari, even in the face of incontrovertible evidence.”
The PDP further described as shocking that the court approved “the flawed declaration of President Buhari as the winner of the election despite evidence to show the perpetration of illegalities, manipulations, alterations and subtraction of valid votes freely given to Atiku Abubakar by Nigerians.
“Indeed, the pervading melancholic atmosphere across our nation since the verdict is a direct indication that the judgment has not fulfilled the desires and expectations of Nigerians.”
The party, however, encouraged Nigerians to remain calm and not lose hope or surrender to despondency or self-help “as our lawyers are upbeat in obtaining justice at the Supreme Court.”
It added: “This is more so as the tribunal itself admitted that there are several errors in the judgment.”
Also, speaking shortly after the judgment, a member of Atiku’s legal team, Chief Mike Ozekhome vowed that his clients would appeal the judgment.
He said: “That we are appealing to the Supreme Court is as sure and certain as death. The only most certain thing in our lives is death, and our appealing this decision is as certain as death.
“We shall challenge many things in the judgment. We will challenge the misapplication of the Electoral Act. We will look at misevaluation and even non-evaluation of critical evidence, which would have swung the case in favour of the petitioners. So, it is not yet uhuru for the respondents. We would rather say that this is the beginning of the struggle to liberate Nigerians.”
Reactions To Supreme Court Ruling
Reactions have however, continued to trail the Supreme Court judgment, which brought to an end the seven-month legal battle embarked upon by the PDP and Atiku, seeking to upturn the declaration of President Buhari as winner of the February 23 presidential election.
President Buhari while welcoming the development thanked the people of Nigeria for the mandate they gave to him to run the affairs of the country for another four years.
Buhari, who spoke through his Senior Special Assistant on Media and Publicity, Garba Shehu, said, “The Government – and people of Nigeria – have been aware that the result of the February 23, 2019, presidential election has been settled now for some eight months.
“President Buhari was re-elected by an absolute majority of 55.6 percent of the national vote, with Nigerians casting nearly four million more votes for President Buhari than his nearest challenger – representing a margin close to 15 percent of the total vote.
“The former vice president and his political party exercised their rights, under the Nigerian constitution and electoral laws, to petition the courts and dispute this result.
“They did so first at the Presidential Election Petition Tribunal, which ruled in September 2019 against them. Now – following his appeal to the Supreme Court and its ruling to dismiss their case for ‘lacking merit’ – this matter is now closed.
“The president and government of Nigeria do wish to extend our gratitude to former vice president and his party for undertaking their campaign through protestations to the courts.
“In this regard they have conducted themselves in line with the laws of the country they sought to lead.
“Now, following this final legal bid before the highest court, it is time the country is afforded the right to move on – in the interest of all Nigerians – regardless of how they voted.”
Ahmad Lawan, President of the Senate also congratulated the president, just as he asked him (Buhari) to extend a hand of fellowship to the opposition with a view to carrying all Nigerians along in the arduous task of nation-building.
Femi Gbajabiamila, Speaker, House of Representatives, on his part, described the ruling as a victory for democracy.
Gbajabiamila, who said though the February presidential poll victory was never in doubt, expressed his appreciation on the final outcome, saying Nigerian democracy was tested by the PDP and its presidential candidate, Atiku Abubakar.
The APC said the Supreme Court’s judgment has revalidated the election of President Muhammadu Buhari.
In a statement signed by its National Publicity Secretary, Malam Lanre Issa-Onilu, APC also lauded the court judgment dismissing the appeal filed by the PDP and its presidential candidate, Atiku Abubakar.
Governor Babajide Sanwo-Olu of Lagos State described the judgment as “yet another landmark” in the country’s annals.
The governor said he received the news with “great joy”, noting that the Supreme Court’s judgment had not only consolidated the nation’s democracy, but also further strengthened the citizens’ belief in the judicial process.
His predecessor, Mr. Akinwunmi Ambode, equally congratulated President Buhari on his victory at the Supreme Court.
Ambode, in a statement by his Media Aide, Habib Aruna, said the ruling by the Supreme Court was a validation of the second term mandate of the people given to President Buhari to continue the strides of development and to take Nigeria to the next level.
“I join millions of Nigerians, the leadership of our great party and all members of our party across the nation to congratulate President Muhammadu Buhari on this well-deserved victory at the Supreme Court. This victory is a validation of the confidence in the President’s resounding re-election and a testament to the fact that the people are happy with the progress made by his administration and are keen to see four more years of progressive governance,” he said.
Ambode said: “The court verdict will surely propel the President to consolidate on his first term achievements in all the sectors for the betterment of the country”.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, described the verdict as affirmation of the supremacy of the people.
The AGF said: “It is a testimony to the supremacy of democracy and that democracy has eventually succeeded. The mandate that has been accorded this government by great majority of Nigerian citizens who overwhelmingly voted this government into power has been reaffirmed.”
The PDP on its part, expressed shock at the judgment of the Supreme Court, saying it is waiting for the Supreme Court to release its reasons behind the verdict,
The party added that, “What we witnessed today was not what majority of Nigerians, who participated and observed the presidential election expected; and this includes even members of the APC.”
PDP, in a statement by its spokesman, Kola Ologbondiyan, noted that it indeed made a solid case, “with undisputable evidence, showing that Atiku Abubakar won the presidential election and as such is surprised that the justices of the Supreme Court held otherwise; however, that is the highest court of the land.
Atiku said Nigeria’s judiciary, just like every estate of our realm, has been sabotaged and undermined by an overreaching and dictatorial cabal.
“To those who think they have broken my spirit, I am sorry to disappoint you. I am too focused on Nigeria to think about myself. It is said that the Supreme Court is not final because it is infallible, but that it is infallible because it is final. While I believe that only God is infallible everywhere, and only Nigerians are infallible in our democracy, I must accept that the judicial route I chose to take, as a democrat, has come to a conclusion.
“Whether justice was done, is left to the Nigerian people to decide. As a democrat, I fought a good fight for the Nigerian people. I will keep on fighting for Nigeria and for democracy, and also for justice,” he said.
The former governor of Anambra State and vice presidential candidate of PDP, Peter Obi, said that the issue is not about the candidates or the party, but about democracy and the society.
Obi, in a statement by his media office, said that the concern of all discerning minds from the outcome of the Supreme Court ruling on the appeal against the election result should be on its effect in our society.
Uche Secondus, National Chairman of PDP, saluted Nigerians for their commitment and support to the party and to democracy, adding that their commitment to democracy and its tenets despite inhibiting factors is worthy of emulation and highly commendable.
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