2019 Presidential Election: Atiku, PDP Failed To Call Credible Witnesses, Says Supreme Court

I'm 'Far More Qualified' Than Atiku, Buhari Tells Election Tribunal

 

The Supreme Court has said that the Peoples Democratic Party and its candidate, Atiku Abubakar, failed to call credible witnesses in their appeal filed challenging the victory of President Muhammadu Buhari in the 2019 Presidential Elections.

The Apex court which gave reasons for the dismissal of the appeal filed by the PDP and Atiku on Friday added that the Appellant failed to prove that Buhari is not educated up to secondary school level,

A unanimous summary judgment delivered by Chief Justice of Nigeria, Ibrahim Muhammad, on October 30, 2019, dismissed the appeal filed by Atiku and the PDP after the Presidential Election Petition Tribunal had earlier on in September 11, 2019, dismissed the petition against the election of Buhari on the grounds that the petitioners failed to substantiate the allegations made in their petition.

READ ALSO: Election Petition: Atiku’s Lawyers Absent As Supreme Court Gives Reasons For Ruling

Justice John Okoro who read the submissions of the CJN held that the failure of the appellants to call credible witnesses was fatal to their case as they presented only five witnesses including a star witness who relied on hearsay evidence.

He added that the appellants failed to prove issues of over voting when it could not produce authentic voters register to validate its claim.

Justice Okoro stated that the unanimous decision of the court delivered on the 30th of October, 2019 is in total agreement with the verdict of the lower court which upheld and affirmed the election of President Muhammadu Buhari.

 

Election Petition: Atiku’s Lawyers Absent As Supreme Court Gives Reasons For Ruling

 

About 20 Senior Advocates of Nigeria and over 30 junior lawyers representing the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar are absent at the Supreme Court where the reasons why their appeal challenging the outcome of the February 23 presidential election is expected to be delivered.

The Apex court had on October 30, in a unanimous summary judgment, dismissed the appeal filed by Atiku and his party, and set November 15, 2019, as the date to explain reasons for the dismissal of the appeal.

RELATED: Supreme Court Set Date To Give Reasons On Dismissal Of Atiku’s Appeal

Chief Justice of Nigeria Ibrahim Muhammad while delivering the summary judgment had announced that the court would later offer its reasons to the general public on why it dismissed the appeal the way it did.

At the hearing, all the SANs who led the legal teams of the All Progressives Congress, President Muhammadu Buhari, and the Independent National Electoral Commission were already seated.

More to follow…

Supreme Court Set Date To Give Reasons On Dismissal Of Atiku’s Appeal

 

The Supreme Court has set the date to explain the dismissal of the appeal filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar which challenged the declaration of President Muhammadu Buhari as winner of the February 23, 2019 presidential election.

The set date is Friday November 15, 2019.

The apex court had in a unanimous summary judgment delivered on October 30, 2019, dismissed the appeal filed by Atiku and his party.

READ ALSO: Senate Wants Deep Blue Sea Project Fast-Tracked To Fight Piracy

Chief Justice of Nigeria Ibrahim Muhammad while delivering the summary judgment had announced that the court would later offer its reasons to the general public on why it dismissed the appeal the way it did.

Atiku and PDP had in their joint appeal filed in September, challenged the entire judgment of the Presidential Election Petition Tribunal which affirmed the election of President Muhammadu Buhari.

The Presidential Election Petition Tribunal had on September 11, 2019 dismissed the petition of Atiku and the PDP against the election of Buhari on the grounds that the petitioners failed to substantiate the allegations made in their petition.

Supreme Court Judgement: Nigeria Must Now ‘Move On’, Says Buhari

File photo: President Muhammadu Buhari

 

President Muhammadu Buhari has said that the ruling of the Supreme Court, dismissing the appeal brought before them by Atiku Abubakar and his party, the Peoples Democratic Party (PDP), has afforded the country the ‘right to move on’.

President Buhari who is away in Saudi Arabia for the Future Investment Initiative (FII) conference, was quoted in a statement by his Senior Special Assistant on Media and Publicity, Garba Shehu, stressed that the victory had been settled since February 2019.

READ ALSO: I Fought A Good Fight For The Nigerian People – Atiku

Atiku lost the presidential election by a margin close to 15 percent of the total vote and challenged the outcome at the tribunal which ruled in September 2019 against him and his party, the PDP.

“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”.

The statement added that President Buhari and the Federal Government should be allowed to focus on addressing the issues concerning the country.

“The elected President and his Government now must be enabled to focus solely on addressing the issues that concern the country.

“From building economic empowerment and opportunities for the nearly 200 million Nigerians, 60 percent of whom are youths bubbling with energy, to defeating the twin ills of terrorism and corruption, there is much work to do”.

PDP, Atiku Should Gracefully Accept Court Verdict, Says Lawan

File Photo: The President of the Senate, Ahmad Lawan

 

The President of the Senate, Ahmad Lawan, has asked the Peoples Democratic Party (PDP), and its presidential candidate Atiku Abubakar, to gracefully accept the final verdict of the Supreme Court.

The apex court had on Wednesday, dismissed an appeal filed by the PDP and Atiku for lacking in merit after challenging the victory of President Muhammadu Buhari in the presidential election of February 23, 2019.

READ ALSO: I Fought A Good Fight For The Nigerian People – Atiku

Lawan in a statement by his Special Adviser on Media, Ola Awoniyi, said that after the end of litigation, attention should be shifted to showing support to President Buhari as he hopes to build the country.

“Now that the litigation is over, we should all rally as one people behind the President of Nigeria, Muhammadu Buhari, in his commitment to building the great nation of our dream.

“The petitioners should gracefully accept the final verdict of our court of law while the winners should demonstrate magnanimity by extending the hand of fellowship to the opposition with a view to carrying all Nigerians along in the arduous task of nation-building,” Lawan said.

He urged President Buhari and his government to continue to focus on good governance so as to deliver on the President’s agenda of improving the lives of Nigerians and putting the nation on the path of sustainable development.

Lawan said the ninth National Assembly will continue to produce good legislation and pursue the harmonious relationship between the organs of government and among Nigerians for the unity, peace, and progress of our fatherland.

I Fought A Good Fight For The Nigerian People – Atiku

INEC Denying Atiku Access To Election Materials Despite Court Order, Says PDP
A file photo of former vice president, Atiku Abubakar.

 

The presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar has said that he fought a good fight and will not relent for Nigeria and democracy.

Atiku’s comment is coming on the heels of the dismissal of his appeal at the Supreme Court.

The apex court had earlier on Wednesday, dismissed the appeal filed by the Peoples Democratic Party and its presidential candidate, Atiku Abubakar, challenging the victory of President Muhammadu Buhari in the presidential election of February 23, 2019.

Speaking on behalf of a 7-man panel, the Chief Justice of Nigeria, Justice Tanko Muhammad stated that members of the panel had read all the documents and exhibits filed in the case for about two weeks and discovered that the appeal was lacking in merit.

Reacting to the decision, Atiku said he must accept that the judicial route which he chose to take, as a Democrat, has come to a conclusion.

“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.”

READ ALSO: 2019 Presidential Election: Supreme Court Dismisses Atiku’s Appeal

He stated that Nigeria as a country needs a strong judiciary and an impartial electoral umpire.

“In a democracy, you need a strong judiciary, a free press, and an impartial electoral umpire. Nigeria has none of those three elements as at today. One man, one woman, one youth, one vote, should be the only way to make gains in a democracy. And when that is thwarted, the clock starts to tick.

“The Nigerian judiciary, just like every estate of our realm, has been sabotaged and undermined by an overreaching and dictatorial cabal, who have undone almost all the democratic progress the Peoples Democratic Party and its administrations nurtured for sixteen years, up until 2015.”

Atiku insisted that he remains focused on Nigeria and he remains strong.

“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. I gave up that luxury twenty years ago. The question is not if I am broken. The question is if Nigeria is whole?

“I was a democrat, I am a democrat, and I will always continue to be a democrat. May God bless Nigeria,” he added.

PHOTOS: Seven-Man Panel Headed By CJN Hears Atiku’s Appeal Against Buhari

A view of the Supreme Courtroom before the commencement of Atiku’s appeal. PHOTO: SODIQ ADELAKUN/CHANNELS TV

 

Chief Justice of Nigeria Justice Tanko Muhammadu is leading the seven-man panel currently hearing the appeal filed by the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, to challenge the victory of President Muhammadu Buhari at the February 23, 2019 poll.

Other members of the panel are Justices Bode Rhodes-Vivour, Olukayode Ariwoola, John Okoro, Amiru Sanusi, Ejembi Eko and Uwani Abba-Ajji.

READ ALSO: Supreme Court Commences Hearing On Atiku’s Appeal

The National Chairmen of both the PDP and the All Progressives Congress (APC) Uche Secondus and Adams Oshiomhole are in the courtroom. They were seen exchanging pleasantries before the hearing commenced.

A handful of chieftains and supporters from both parties are also in the courtroom.

 

See photos below…

Adamawa Governor Nominates Atiku’s Son, 22 Others As Commissioners

A file photo of Adamawa State Governor, Ahmadu-Fintiri.

 

 

Governor Ahmadu Fintiri of Adamawa State has nominated Mr Adamu Atiku and 22 others as commissioners in the state.

Adamu is the eldest son of a former vice president and the presidential candidate of the Peoples Democratic Party (PDP) in the 2019 general election, Atiku Abubakar.

The governor forwarded the names of the nominees in a list which was read out at Wednesday’s plenary of the Adamawa State House of Assembly presided over by the Speaker, Aminu Iya-Abbas.

READ ALSO: Nigeria Moves Up By 15 Spots On World Bank’s Ease Of Doing Business Index

The House Committee Chairman on Information, Mr Japhet Kefas, however, said no date had been fixed for the screening of the nominees.

“The House will decide next week on a date for their screening,” Kefas said.

This comes barely two days after members of the State Assembly approved the list of 40 special advisers nominated by the governor.

Others who made the commissioners’ list include the PDP Secretary in Adamawa, Abdullahi Prambe, and two loyalists of the PDP’s presidential candidate, Ibrahim Mijinyawa and Umaru Daware.

Both men had resigned as commissioners during former Governor Muhammadu Bindow’s administration and defected from the All Progressives Congress (APC) to the PDP.

Governor Fintiri also nominated three women namely – Justin’s Nkom, Wilbina Jackson, and Lami Patrick.

Jonathan, Atiku Congratulate Gowon On 85th Birthday

Goodluck Jonathan                           Atiku Abubakar                              Yakubu Gowon

 

 

Former President Goodluck Jonathan has congratulated former Head of State, General Yakubu Gowon (rtd), on his 85th birthday.

In his goodwill message to the elder statesman on Saturday, Dr Jonathan described General Gowon as a brave leader who served his country with honour, pride and love.

According to him, the passion and patriotism of the octogenarian have continued to grow as he contributes to the nation’s growth and development.

READ ALSO: Gowon Remains A Symbol Of National Unity – Gbajabiamila

The former President wished the former Head of State more strength and peaceful years.

Similarly, former Vice President and presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, felicitated with General Gowon.

He also prayed that God grants the elder statesman more years to continue to serve his country.

Read the statement by former President Jonathan below:

I rejoice with you and all well-wishers as you mark your 85th birthday.

You are a courageous leader who served Nigeria with honour, pride, and love, especially at a difficult time in the life of our nation.

Long after you left office, your passion and patriotism have remained undiminished, as you have continued to work and fervently pray for our country’s growth and development.

As a statesman, you have remained resolutely committed to the peace and unity of Nigeria.

On behalf of my family, I wish you more strength and peaceful years as you celebrate.

Happy Birthday Your Excellency.

GEJ

Also, read the tweet by former Vice President Atiku below:

NigeriaAt59: ‘All Is Not Well,’ Atiku Decries ‘Attack’ On Judiciary, Press

Supreme Court To Hear Atiku's Appeal August 20
A file photo of former Vice President Atiku Abubakar.

 

 

Former Vice President Atiku Abubakar has decried what he described as an attack on the judiciary and absence of press freedom in the country.

In a statement on Monday, he said Nigeria’s founding fathers could never have fathomed that the nation would face such situation 59 years after gaining independence.

Atiku believes there must be press freedom and the judiciary must be independent while youths and activists who should ordinarily be the future of Nigeria should not be intimidated when they speak out about the state of the nation.

“All is not well when judges are persecuted for enforcing the constitutionally guaranteed fundamental human rights of Nigerian citizens,” he said in his Independence Day message.

He added, “All is not well when Nigeria is now officially the world headquarters for extreme poverty and out of school children, yet the cost of maintaining those in government continues to grow, while the needs of the governed are not being met.

“And certainly, all is not well when the media cannot freely express itself without the fear that those who wield the big stick would use it on them for saying things as they are.”

 

Time To Take Concrete Steps

The presidential candidate of the Peoples Democratic Party (PDP) explained that he could go with the flow and say all was well with the country or called for prayers like other leaders.

He stated that he could also call on Nigerians to show more understanding, but was mindful of the fact that “the time for rhetoric has long since passed.”

Atiku said, “Now is the time for all lovers of Nigeria to take concrete steps to aid Nigeria’s progress by not just praying and showing understanding, but also to take democratic action to ensure that the ideals of our founding fathers – Unity and Faith, Peace and Progress – are not set aside on the altar of tyranny.”

Rather than just call for prayers, he asked Nigerians to believe in and work for the nation’s betterment.

He also urged them to always insist that no one in the country, no matter how highly placed must be bigger than the laws of the land.

 

Girl-Child Education

The former vice president, however, noted that there was much hope after listening to a recent remark by the Emir of Kano, Muhammed Sanusi II.

According to him, the traditional ruler spoke about why more attention must be paid to the issue of girl-child education.

“It is an age-long truism that women are the teachers of a nation. I make bold to say that the greatness of our country, Nigeria has much to do with how well we educate how children, especially the girl-child,” said the PDP presidential candidate.

He commended Zamfara State Governor, Mr Bello Matawalle, for leading the way by massively investing in public education.

Atiku also commended the Chief Executive Officer of Air Peace, Mr Allen Onyema, and the airline for their role in the repatriation of hundreds of Nigerians who were victims of the recent xenophobic attacks in South Africa.

He, therefore, stressed the need to put Nigeria first, saying it would help to revive the nation’s dream, as well as the ideals that its founding fathers had in mind when they came together for the country’s independence from the British colony.

“Nigeria belongs to all of us and we all have a role to play in making our nation great. Nigeria should be the beacon of hope, democracy, and freedom, to not only the African continent but to the black diaspora the world over.

“And to ensure that this becomes the case, we all have a duty to support and defend the Constitution of the Federal Republic of Nigeria against all enemies, foreign and domestic,” the former vice president said.

Atiku, PDP Appeal Presidential Election Tribunal Judgement

The presidential candidate of the Peoples Democratic Party (PDP) in the 2019 general elections, Atiku Abubakar, and his party, have formally filed their appeal against the judgement of the presidential election petitions tribunal at the Supreme Court.

The appellants in their notice of appeal hold that the tribunal erred in its decision to dismiss its petition against the election of President Buhari.

Atiku and his party filed the appeal on 66 grounds.

READ ALSO: Decision To Suspend UK Parliament Was ‘Unlawful’ -Supreme Court

They alleged that the panel of the presidential election tribunal erred in law “when they relied on “overall interest of justice” to hold that the second Respondent’s (President Muhammadu Buhari) exhibits R1 to R26, P85, and P86 were properly admitted in evidence.”

They also alleged amongst other reasons that the tribunal erred in law “when they held thus: “My firm view is that Section 76 of the Electoral Act is clearly inapplicable to the issues under consideration.

“The form referred to are the form to be used in the conduct of the election as FORM CF001 had been taken care of in Section 31 of the Electoral Act and the said FORM CF001 is tied to the steps laid down in the said Section 31 of the Electoral Act.

“More importantly, the law is firmly settled that a candidate is not required by the Constitution or the Electoral Act to attach his certificates to FORM CF001 before the candidate can be considered or adjudged to have the requisite educational qualifications to contest the election.”

They also alleged that the tribunal erred in law when they held thus: “There was/is no pleadings in the Petition to the effect that 2nd Respondents failure to attach his certificates to Form CF001 amounts to lack of educational qualification to contest the election.

“In other words, the issue of failure to attach certificates which have been flogged throughout the length and breadth of the Petitioners Address (es) in Reply to 1st, 2nd and 3rd Respondents final written address is not the case of the Petitioner in the pleadings. No issue was joined on nonproduction of certificates or failure to attach them as an infraction of section 131, 137 and 138 of the Constitution of Federal Republic of Nigeria, 1999 as amended.

“All submission about the failure to produce certificates or attach same to CF001 is hereby discountenanced. Even if it can be said that the submissions made are in tandem with the Petitioners Pleadings on issues 1 and 2 the fact remains that none of the facts pleaded were proved or established as required by law.”

According to them they pleaded and proved the allegation that President Buhari gave false information of a fundamental nature to INEC in aid of his qualification.

They further stated that they also pleaded that the Nigerian Military denied that it held or was in possession of the President’s certificates. And that the failure of the president to produce his Certificates or attach same to Form CF001 in the face of unequivocal denial by the Army that his Certificates were not with them went to the root of the allegation against him that he gave false information of a fundamental nature to INEC in aid of his qualification.

Atiku and his party are therefore asking the Supreme Court to set aside the judgment of the tribunal and grant the prayers sought by them.

 

Find below the full statement with the Notice of Appeal.

 

IN THE SUPREME COURT OF NIGERIA
HOLDEN AT ABUJA

IN THE MATTER OF THE ELECTION TO THE OFFICE OF THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA HELD ON THE 23RD FEBRUARY, 2019.
SUPREME COURT NO: …….
PETITION NO: CA/PEPC/002/2019
BETWEEN:
1. ATIKU ABUBAKAR
2. PEOPLES DEMOCRATIC PARTY (PDP) APPELLANTS

AND
1. INDEPENDENT NATIONAL ELECTORAL
COMMISSION (INEC) RESPONDENTS
2. MUHAMMADU BUHARI
3. ALL PROGRESSIVES CONGRESS (APC)

NOTICE OF APPEAL

TAKE NOTICE that the Petitioners/Appellants being dissatisfied with the decision, more particularly stated in paragraph 2 of the Notice of Appeal, contained in the Judgment of the Court of Appeal (sitting as the Presidential Election Petition Court). Coram: Mohammed Lawal Garba, JCA, Abdu Aboki, JCA, Joseph Shagbaor Ikyegh, JCA, Samuel Chukwudumebi Oseji, JCA, and Peter Olabisi Ige, JCA, dated the 11th day of September 2019 in Petition No.

4. Exhibits P85 and P86 were tendered through PW40 who is not the maker and there is no nexus between him and the documents.

5. Exhibits R1 to R26, P85 and P86 were held to have been properly admitted in evidence based on a blanket statement.

GROUND 2: ERROR IN LAW
The Learned Justices of the Court of Appeal erred in law when they held thus:

“My firm view is that Section 76 of the Electoral Act is clearly inapplicable to the issues under consideration. The form referred to are the form to be used in the conduct of the election as FORM CF001 had been taken care of in Section 31 of the Electoral Act and the said FORM CF001 is tied to the steps laid down in the said Section 31 of the Electoral Act.

More importantly the law is firmly settled that a candidate is not required by the Constitution or the Electoral Act to attach his certificates to FORM CF001 before the candidate can be considered or adjudged to have the requisite educational qualifications to contest election.”

PARTICULARS OF ERROR:
1. The Court below gave restrictive interpretation to Section 76 of the Electoral Act 2010 (as amended) in order to exclude Form CF001 from its provisions.

2. The conduct of election by the 1st Respondent starts with the screening of candidates.
3. No candidate can be screened unless he completes Form CF001 (Exhibit P1).

CA/PEPC/002/2019 doth hereby appeal to the Supreme Court upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4.

AND the Appellants further state that the names and addresses of the persons affected directly by the Appeal are set out in paragraph 5.

2 PART OF THE DECISION OF THE LOWER COURT COMPLAINED OF:

The whole judgment.

3 GROUNDS OF APPEAL:

GROUND 1: ERROR IN LAW
The Learned Justices of the Court of Appeal erred in law when they relied on “overall interest of justice” to hold that the 2nd Respondent’s Exhibits R1 to R26, P85 and P86 were properly admitted in evidence.

PARTICULARS OF ERROR:
1. Exhibits R1 to R26, P85 and P86 were not pleaded by the 2nd Respondent.

2. Exhibits R1 to R26, P85 and P86 were not frontloaded.

3. No leave of court was sought pursuant to paragraph 41 (8) of the 1st Schedule to the Electoral Act 2010 (as amended) to receive Exhibits R1 to R26, P85 and P86 in evidence.

In Form CF001, under the column for “Schools Attended/Educational Qualification with dates”, there is the clear provision: “ATTACH EVIDENCE OF ALL EDUCATIONAL QUALIFICATIONS”.

5. Certificates are evidence of educational qualifications.

GROUND 3: ERROR IN LAW
The Learned Justices of the Court of Appeal erred in law when they held as follows:
“The reasonable inference or plausible meaning attachable to the above provision of Electoral Act 2010 as amended is that a Candidate can list information concerning evidence of his qualifications or other relevant information(s) about himself. The demand or information required in FORM CF001 cannot be more or higher than the statutory requirements.”

PARTICULARS OF ERROR:
1. Form CF001 is designed to take care of the provision in section 31(2) of the Electoral Act (as amended) regarding the “list or information” a candidate is expected to submit and verify by an Affidavit.

2. The prescription in Form CF001 for a candidate to attach evidence of all educational qualifications is part of statutory requirements.

3. Form CF001 is made pursuant to statutory provisions.

GROUND 4: ERROR IN LAW
The Learned Justices of the Court of Appeal erred in law when they held thus:
“There was/is no pleadings in the Petition to the effect that 2nd Respondents failure to attach his certificates to Form CF001 amounts to lack of educational qualification to contest the election. In other words the issue of failure to attach certificates which has been flogged throughout the length and breadth of the Petitioners Address (es) in Reply to 1st, 2nd and 3rd Respondents final written address is not the case of the Petitioner in the pleadings. No issue was joined on non production of certificates or failure to attach them as an infraction of section 131, 137 and 138 of the Constitution of Federal Republic of Nigeria, 1999 as amended…
All submission about failure to produce certificates or attach same to CF001 is hereby discountenanced. Even if it can be said that the submissions made are in tandem with the Petitioners Pleadings on issues 1 and 2 the fact remains that none of the facts pleaded were proved or established as required by law.”

PARTICULARS OF ERROR:
1. Clearly, the Appellants pleaded and proved the allegation that the 2nd Respondent gave false information of a fundamental nature to the 1st Respondent in aid of his qualification.

2. The issue raised above was done suo motu by the court below without affording the Appellants a hearing on it.

3. The Court below set out in full, the pleadings in the Petition under the heading: Grounds 4 and 5: “Non-Qualification and giving of false Information”, which paragraphs 388 – 405 of the Petition cover.

Paragraph 396 thereof is predicated on the 2nd Respondent’s claim that all documents relating to his academic qualification “are currently” with the Secretary to the Military Board.

5. The Appellants also pleaded thereof that the Nigerian Military denied that it held or was in possession of the 2nd Respondent’s certificates.

6. Paragraph 399 thereof pleads that the Appellants will contend that the 2nd Respondent was not qualified to contest the said election.

7. The Appellants are not enjoined to plead the law but material facts.

8. The failure of the 2nd Respondent to produce his Certificates or attach same to Form CF001 in the face of unequivocal denial by the Army that his Certificates were not with them went to the root of the allegation against the 2nd Respondent that he gave false information of a fundamental nature to the 1st Respondent in aid of his qualification.

9. The Appellants pleaded and proved the allegation that the 2nd Respondent gave false information of a fundamental nature to the 1st Respondent in aid of his qualification.

10. The finding above is perverse.

GROUND 5: ERROR IN LAW
The Learned Justices of the Court of Appeal erred in law when they failed to consider and apply the recent case of A.A MODIBBO v MUSTAPHA USMAN AND ORS, an unreported decision of the Supreme Court in Appeal No

SC/790/2019 delivered on 30th day of July, 2019, cited and relied upon by the Appellants wherein the principles enunciated therein have direct bearing on the Petition.

PARTICULARS OF ERROR:
1. In the above judgment, the Apex Court in clear and unequivocal terms stated the meaning and standard of proof of “false information”.

2. By the above decision, the Petitioners were only required to prove that any of the information in Exhibit P1 was contrary to truth or fact that is to say untrue simpliciter.

3. In reviewing the Appellants’ case, the court below referred to the said judgment of the Supreme Court five times but failed to consider and apply same.

4. The judgment considered “false information” in relation to the contents of Form CF001 verified on Oath and the definition of “false”.

5. By the principle of stare decisis, the court below was under an obligation to consider and follow the principle of law enunciated therein relevant to the issue of the non-qualification of the 2nd Respondent canvassed by the Appellants.

6. The lower Court failed to do so and no reason was given.

5. The Appellants led evidence that the military denied being in possession of the certificates.

6. The information on the issue contained in Exhibit P1 is false and it is of a fundamental nature in aid of his qualification.

7. RW1 and RW2 did not establish in any manner whatsoever that the 2nd Respondent had the educational qualifications he claimed in Form CF001.

8. Proof of educational qualification is not established by so claiming in an Affidavit.

9. The Appellants led sufficient evidence before the lower Court to prove that the 2nd Respondent lied concerning the Schools he purported to have attended and Certificates obtained.

10. Exhibit P1 cannot by any stretch of imagination be conclusive proof that the 2nd Respondent attended Primary School and Katsina Provincial Secondary School (now Government College), Katsina from 1956 to 1961 and that he went to Nigerian Military Training School from 1961 to 1963.

11. RW1 and RW2 did not in any way establish beyond doubt, as held by the lower Court, that 2nd Respondent had educational qualifications he filled in Form CF001 on 8/10/2018.

12. If anything, the evidence of RW1 and RW2 concerning educational qualifications of the 2nd Respondent as filled in Form CF001 on 8/10/2018 is merely hearsay.

6: ERROR IN LAW
The Learned Justices of the Court of Appeal erred in law when they held as follows:
“There is no evidence before the Court to disclaim or prove that the 2nd Respondent lied that he went to Primary School, Secondary School and that he joined the Army in 1962 with RW1 and many other persons in the 2nd Respondent’s C.V. attached to Exhibit P1 tendered by the Petitioners. Page 1 thereof shows conclusively that he attended Primary School and that he attended Katsina Provincial Secondary School (no Government College) Katsina in 1956 – 1961 and went to Nigerian Military Training from 1961 – 1963. The evidence of RW1 and RW2 bear testimony to the aforesaid facts. The said RW1 and RW2 establish beyond doubt that 2nd Respondent had educational qualifications he filled in FORM CF001 on 8/10/2018.”

PARTICULARS OF ERROR:
1. The educational qualifications the 2nd Respondent claimed in Exhibit P1 are “Primary School Certificate”, “WASC” and “Officer Cadet”.

2. The 2nd Respondent did not predicate his educational qualifications on any other certificate or ground.

3. The 2nd Respondent appreciated that he was under an obligation to attach evidence of the certificates/qualifications he claimed in Form CF001.

4. The 2nd Respondent did not attach any of them and claimed that they “are currently” with the Secretary to the Military Board in an affidavit he deposed to on 24th November, 2014.

The Appellants led evidence that the military denied being in possession of the certificates.

6. The information on the issue contained in Exhibit P1 is false and it is of a fundamental nature in aid of his qualification.

7. RW1 and RW2 did not establish in any manner whatsoever that the 2nd Respondent had the educational qualifications he claimed in Form CF001.

8. Proof of educational qualification is not established by so claiming in an Affidavit.

9. The Appellants led sufficient evidence before the lower Court to prove that the 2nd Respondent lied concerning the Schools he purported to have attended and Certificates obtained.

10. Exhibit P1 cannot by any stretch of imagination be conclusive proof that the 2nd Respondent attended Primary School and Katsina Provincial Secondary School (now Government College), Katsina from 1956 to 1961 and that he went to Nigerian Military Training School from 1961 to 1963.

11. RW1 and RW2 did not in any way establish beyond doubt, as held by the lower Court, that 2nd Respondent had educational qualifications he filled in Form CF001 on 8/10/2018.

12. If anything, the evidence of RW1 and RW2 concerning educational qualifications of the 2nd Respondent as filled in Form CF001 on 8/10/2018 is merely hearsay.

Buhari Will Defeat Atiku At ‘World Court’, Says Oshiomhole

 

 

Adams Oshiomhole                                    Muhammadu Buhari                                      Atiku Abubakar

 

 

The National Chairman of the All Progressives Congress (APC), Mr Adams Oshiomhole, has reacted to the judgement of the Presidential Election Petitions Tribunal.

Oshiomhole, who commended the Tribunal’s ruling which upheld President Muhammadu Buhari’s election, stated that the President would always defeat former Vice President Atiku Abubakar.

He said this at a briefing with State House correspondents after he met with the President along with some women leaders of the ruling party on Thursday in Abuja.

Following the victory at the Tribunal, the APC chairman also expressed confidence that the President would defeat his closest rival in the February 23 poll and his party, the Peoples Democratic Party (PDP) at the Supreme Court.

 

According to him, even if Atiku and the opposition party go to the World Court if permissible by law, the APC is ready to meet them there.

Oshiomhole, however, criticised the PDP presidential candidate and asked Nigerians to resist western prescriptions capable of ruining the country.

The Tribunal & Petitions

President Buhari defeated former Vice President Atiku in the keenly contested presidential election on February 23.

Dissatisfied with the outcomes of the poll, the PDP and its candidate took to the Tribunal to challenge the re-election of the President.

They filed a joint petition on March 18, 2019, specifically asking the Tribunal to disqualify Buhari on the grounds that he did not possess the requisite academic qualification to contest for the office of President.

The PDP and Atiku also alleged irregularities in the conduct of the poll, deployment of electronic voting, over-voting, substantial non-compliance with the electoral law, as well as the use of security agencies to rig the election in favour of the President.

Meanwhile, Hope Democratic Party (HDP) and its candidate also filed a separate petition, seeking to be declared the winner of the election but the Tribunal dismissed the suit.

After months of proceedings and presentation of witnesses and a series of evidence at the Tribunal, a five-man panel of judges led by Justice Mohammed Garba dismissed the petition by the PDP and Atiku in its entirety.

In a unanimous judgement, the Tribunal held that the parties were to bear their respective cost.

Justice Garba affirmed that President Buhari was the winner of the presidential election.

Other members of the Tribunal included Justice Peter Olabisi-Ige, Justice Abdul Aboki, Justice Joseph Ikyegh, and Justice Samuel Oseji, who all agreed with the lead judgement.