Human rights lawyer, Femi Falana
(SAN), has predicted that Atiku Abubakar, the Peoples Democratic Party (PDP)
presidential candidate in the February 23 election, will face “insurmountable
legal obstacles” at the Presidential Election Petition’s Tribunal.
He recalled that President
Muhammadu Buhari who was declared the winner of the February 23 election, had
challenged his losses in court in the successive presidential elections of
2003, 2007 and 2011.
Falana, however, stated that the
failure of successive administrations to reform the electoral process, had
created insurmountable legal obstacles for election petitioners.
“The campaign that Alhaji Atiku
Abubakar should not seek redress is totally uncalled for.
“Aggrieved by the general
elections of 2003, 2007 and 2011 conducted by INEC, Candidate Muhammadu Buhari
sought redress in court.
“The chairman of the APC, Adams
Oshiomole and other APC leaders have had cause to claim their mandate through
the court.
“Even some APC members who lost
the just-concluded National Assembly elections have announced plans to
challenge the return of their opponents by INEC.
“Therefore, Alhaji Atiku Abubakar
should not be blackmailed or begged by any group of people not to challenge the
presidential election held in the country on February 23, 2019.
“Regrettably, however, the
failure of the PDP and APC-led Federal Government to reform the electoral
process has created insurmountable legal obstacles for election petitioners,”
he said.
Falana added that “the
frustration of election petitioners has been compounded by several judicial
authorities”, with some decisions holding that “an election cannot be
questioned on grounds of corrupt practices.
“For instance, a petitioner is
required to prove that there is substantial non-compliance and that the
non-compliance has substantially affected the results of the election.
“In Yussuf v Obasanjo, it was
held that an election cannot be questioned on grounds of corrupt practices.
“In Falae v Obasanjo it was held
that it has to be proved that financial inducement was authorised by the winner
of an election.
“In Buhari v Obasanjo it was held
that the onus of proving electoral malpractice rests on the petitioner.
“Several fraudulent elections
have been upheld under the doctrine of substantial compliance.
“In several cases, winners of
fraudulent elections that were annulled were allowed to take part in rerun
elections ordered by the courts.”
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