President Muhammadu Buhari and the All Progressives Congress
(APC) have urged the presidential election petitions tribunal to dismiss the
petition filed by the Peoples Democratic Party (PDP) and Atiku Abubakar, its
candidate, challenging the February 23 general election on technicalities and
evidential grounds.
The prayers formed the gamut of other requests contained in
both Buhari and APC’s final addresses to be adopted on August 23, made
available to NAN on Sunday in Abuja.
The respondents had described Abubakar’s address that urged
the tribunal to sack Buhari and affirm him president, as a “wild goose chase
prayer’’.
They alleged that PDP erroneously allowed a candidate who
was not a Nigerian by birth to contest the highest position, adding that such
was an adventure that violated the provision of the constitution.
The president and his party therefore prayed the tribunal to
invoke Section 131 (a) of the constitution to dismiss the petition.
Section 131 (a) of the constitution strictly holds that a
person must be a citizen of Nigeria by birth to qualify to contest the office
of the president.
They noted that Abubakar was born on November 25, 1946 in
Jada, a former Adamawa province of northern Cameroon before a plebiscite was
conducted in 1961 that now made the enclave part of Nigeria.
They, therefore, alleged that Abubakar was not qualified to
enter the contest as the constitution forbade him from canvassing for votes to
become a president.
“We pray that the tribunal will see this constitutional
reason and go ahead to uphold the election of the second respondent (Buhari)
forthwith,’’ they prayed.
On evidence admitted from the petitions, the two respondents
said they were empty as none had substantially proven series of the allegations
made against the conduct of the election.
They explained that none of the 75 witnesses and 31,287
exhibits which included 48 video clips proved any of the petitioners’
allegations.
They said the petitioners had tried to mislead the tribunal
and public that results from the election were transmitted electronically to a
central server managed by the Independent National Electoral Commission (INEC).
The respondents noted that it was public knowledge that the
February 23 general election was conduct with the electoral act of 2010 as
amended.
“Moreover, the laws in Nigeria do not recognise but actually
prohibit transmission of results electronically,” they submitted.
“Sections 52 and 78 of the Electoral Act 2010 have
categorically addressed the issue.
“The only means of transmitting election results under the
law are through Forms EC8 series. Form EC8A conveys results from Polling Units.
“It is only through these approved forms that election
results can be challenged or proven and not through server, imaginary or
real.’’
The parties therefore submitted that the petitioners’
allegation on the use of server by INEC to transmit results was “criminal and
misguided’’.
“Atiku Abubakar and the PDP have failed in their attempt to
stridently prove their petition. The petitioners failed woefully to establish
by credible evidence the existence of the imaginary server belonging to INEC,’’
they claimed.
They also argued that most of the witnesses presented by the
petitioners attested to the fact that they signed all the forms that contained
the results of the election without coercion.
Buhari and APC therefore averred that such testimonies of
truth from the petitioners’ witnesses further bestowed legitimacy on the
outcome of the election.
On Buhari’s educational qualification, they said that the
petitioners failed to adduce credible and reliable evidence to establish that
he (Buhari) indeed forged his certificate.
“While it is appropriate to debunk such baseless, mendacious
and spurious assertion, it suffices to bring to fore the unequivocal provision
of the constitution,” they said.
“The constitution is clear on this as it states the
requirement for a candidate to contest the presidential election and occupy the
office of the president.
“Section 131(d) provides that a person shall be qualified
for election into the office of the president if he or she has been educated up
to at least School Certificate level or its equivalent.
“More so, the consequence of submitting a forged document to
INEC is grave.
“It therefore requires precise evidence and proof beyond
reasonable doubt, which the petitioners have not been able to establish.’’
Drawing reference from the constitution, the respondents
defined secondary school certificate or its equivalent to mean: secondary
school certificate or its equivalent, or grade II teacher’s certificate.
They listed others to include: city and guides certificate
or education up to secondary school certificate level or primary six school
leaving certificate or its equivalent and service in the public or private
sector in the federation in any capacity acceptable to INEC for a minimum of 10
years.
“It is apparent that from the pleadings and evidence adduced
led by the petitioners; there is no scintilla or iota of evidence to prove that
the president was at the time of the election not qualified,” they said.
“It is trite that he who asserts must prove, we have clearly
seen that the petitioners had failed woefully in this matter.
“In the circumstance, we urge the tribunal to dismiss the
petition on the grounds of both technicalities and evidential failure and to
affirm the election of the president.”
The president, who contested the election on the platform of
the APC, was announced winner having scored a total of 15 million votes as
against Abubakar’s 11,262,978 votes.
The Mohammed Garba-led five-member panel awaits the parties
to adopt their final addresses on August 21, preparatory to judgment.
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