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Atiku: EU’s report read in open court, admitted as evidence, as panel disregards Tinubu’s protest
Members of the panel of the Presidential Election Petition Tribunal (PEPT), on Monday, brushed aside the protests by President Bola Tinubu and the All Progressives Congress (APC), to admit in evidence, the final report of the European Union Observation Mission (EUOM), which impugned the outcome of the 2023 general elections.
Vanguard reports that the verdict of the world body was tendered before the court by candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, who alleged that the presidential election that held on February 25, was manipulated to favour President Tinubu and the ruling APC.
In a joint petition he filed alongside his party, Atiku, alleged that the Independent National Electoral Commission (INEC), installed a third-party device that intercepted and allocated votes to Tinubu.
Even though INEC had in its reply to the petition, denied the allegation, however, at the resumed proceedings of the court on Monday, the Deputy Director of ICT at the Commission, Mr. Lawrence Bayode, mounted the witness box to defend the outcome of the presidential poll.
Bayode, in a bid to puncture Atiku’s claim that Tinubu’s running mate was nominated for two elective positions, produced four documentary exhibits, among which included a letter dated July 6, 2022, which the Vice President, Kashim Shettima, wrote to INEC to notify it of his decision to withdraw as candidate of the APC for the Borno Central Senatorial election.
Led in evidence by INEC’s lead counsel, Mr. Abubakar Mahmoud, SAN, the witness, tendered the letter and its accompanying certification, which was admitted in evidence and marked as Exhibits RA-1 and RA-2.
While being cross-examined by President Tinubu’s lead counsel, Chief Wole Olanipekun (SAN), the witness, maintained that the presidential election was “free, fair, credible and conducted in substantial compliance with the Electoral Act.”
“Recordings on INEC’s Form EC8A (polling unit results) forms basis for any election result and data or internet is required for Form EC8A captured by the BVAS machines to be uploaded,” the witness added.
He told the court that images captured by the BVAS, whether transmitted manually or electronically, would not affect the integrity of an election.
“In practical terms, election is completed at the polling unit level when the officer conducts, announces results and record the result on the Form EC8A,” Bayode told the court. Also answering questions from APC’s lawyer, Prince Lateef Fagbemi, SAN, the witness admitted that though the electoral body experienced a technical glitch on the day the presidential poll held, he, however, insisted that it did not affect the actual scores of all the presidential candidates, which he said remained intact.
He further told the court that results of the presidential election was not electronically collated, saying it was done manually.
“INEC does not have an electronic collation system,” he stated, adding that Chairman of the Commission, Prof. Mahmoud Yakubu had two days before the presidential poll was held, announced that electronic transmission of results of the election would not be feasible.
Fagbemi (SAN) tendered a copy of Tribune Newspaper of February 23, 2023, where the INEC Chairman was reported to have waved aside the possibility of real-time transmission of results of the presidential election.
Though Atiku’s lawyer, Uche, SAN, opposed the admissibility of the page containing the said news item from the INEC boss, he urged the court to admit the front page of the newspaper with a banner headline that read: “Atiku, a man whose time has come.”
The certified copy of the Newspaper was subsequently admitted in evidence and marked as Exhibit RA-5.
When it was his turn to cross-examine the witness, Atiku’s lawyer, Uche, SAN, asked him to confirm before the court, if the EU Observation Mission was accredited by INEC to monitor the 2023 general elections.
After the witness told the court that the EU team was duly accredited to monitor the elections, he was asked if he was aware that EU released its final report on the 2023 general elections.
The INEC’s witness told the court that though he was aware of that EU recently released a report on the elections, he said he had not seen it.
When he was shown a certified copy of the report and asked to read from a portion of it, both President and the APC, through their respective lawyers, raised objections.
However, notwithstanding the objections, the panel admitted the report in evidence and marked it as Exhibit RA-6.
Following a request by counsel to the Petitioners, the witness, read in the open court, a paragraph in the report, where EU stated that the 2023 election was not “a transparent and inclusive election” as promised by the INEC.
He also read a portion in the report that stated that “only 31% of results uploaded in I-REV was formally or mathematically correct.”
The witness, however, maintained that technological innovations that INEC introduced into the electoral process was to guarantee transparency and integrity of the results.
He admitted that both the National Assembly and the Presidential election were conducted on the same day and with the same BVAS machines.
The witness told the court that it was wrong for the Petitioners to claim that because of system failure, all the results of the presidential election were not electronically transmitted.
“Some of the results were uploaded on the IReV portal on the day of the presidential election, but not all of them. As of March 1 when a winner was declared, not all of the results were uploaded to the IReV portal,” the witness added.
Asked if INEC filed any formal complaint to Amazon Web Services, AWS, over glitches experienced during the presidential election, the witness, said: “We did not need to file a report to Amazon over the technical glitch and we did not need to do that. I supervised the configuration of the system that was used for the election.”
Asked if the system INEC deployed for the presidential election, had in-built mechanism for distinguishing between the Presidential and NASS election, the witness answered in the negative.
“There is no human interference. The system is configured in a way that you click a button to upload result of particular election,” he told the court.
Shortly after the witness was discharged from the box, INEC’s lawyer, Mahmoud, SAN, told the court that his client would not call any other witness in the matter.
Consequently, counsel to President Tinubu and Vice-President Shettima, Chief Olanipekun, SAN, announced that his clients would open their own defence on Tuesday.
It will be recalled that Atiku, who came second in the presidential contest, closed his case after he called a total of 27 out of 100 witnesses he scheduled to testify in the matter.
He is among other things, praying the court to withdraw the Certificate of Return that was issued to President Tinubu by INEC.
Atiku and his party contended that President Tinubu “demonstrated inconsistency as to his actual date of birth, secondary schools he attended (Government College Ibadan); his State of origin, gender, actual name; certificates evidencing Universities attended (Chicago State University).”
According to the petitioners: “The 2nd Respondent did not disclose to the 1st Respondent (INEC) his voluntary acquisition of the citizenship of Republic of Guinea with Guinean Passport No. D00001551, in addition to his Nigerian citizenship. The 2nd Respondent is hereby given notice to produce the original copies of his said two passports,” they added.
The petitioners equally challenged Tinubu’s eligibility to contest the presidential election, alleging that he was previously indicted and fined the sum of $460,000.00 by the United States District Court, Northern District of Illinois, Eastern Division, in Case No: 93C 4483, for an offence involving dishonesty and drug trafficking.
All the Respondents had in their replies, urged the court to dismiss the petition which they maintained was bereft of merit.
“He is running in contempt of the court. Justice Lifu should be arrested because he is acting in contempt of the court which is a criminal act,” were the exact words with which the African Democratic Congress (ADC), demonstrated its angst over the court ruling on Monday, ordering its de-registration as a political party in Nigeria.
A furious Bolaji Abdullahi, spokesman of the party, told his host while appearing as a guest on Monday’s edition of Politics Today, a public affairs programme on Channels Television that the judge of the Abuja Federal High Court who gave the order was actually playing with fire because of the consequences.
Directly accusing him of playing the script of the All Progressives Congress (APC), to ensure that President Bola Tinubu emerged the sole candidate for the 2027 presidential election, the party spokesman, was emphatic that the plan would not work, as head or tail, ADC must be on the ballot in all the elections.
Hear him: “There is a Court of Appeal order saying don’t hear this case until October 27. So, on what basis? You can’t place something on nothing. The Court of Appeal said don’t act on this until I hear it on October 27. So, on what basis did he deliver the judgement
“So, for us in the African Democratic Congress, what we’re convinced and they know is what they have done has no leg to stand on legally. What they want to do is to create doubts in the minds of the people that this ADC has too many legal cases, can we actually run on this? And to distract us. But we’re not distracted.
“We’re very clear. It was in spite of all they have done since ADC came on board that we ran one of the best and one of the most comprehensive direct primaries in the history of democracy in Nigeria. So, we are strong enough to withstand this. And that’s why I’m saying that we are going to contest in 2027. We’re ADC. We don’t buckle before dictatorship.”
Stressing on the implication of the judgement, which also affected Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP) for allegedly failing to meet constitutional and electoral performance requirements, following a suit by the National Forum of Former Legislators, he said it portended grave danger.
He added: “We are not surprised. We know that the Nigerian people believe that there is a problem with the judiciary, but what we did not expect is the level of judicial rascality that was demonstrated today.
“What we are saying is that we reject it in its totality, and we are saying that the people behind this are playing with fire. Hundreds, if not thousands, have obtained nomination forms and contested elections and emerged as candidates on the platform of the ADC.”
Peter Obi, candidate of the Nigerian Democratic Congress (NDC), in the 2027 presidential election, is peeved at the decision of the Federal High Court, Abuja, ordering the de-registration of the African Democratic Congress (ADC), saying the move is a heavy blow and dangerous to Nigeria’s democracy.
Justice Peter Lifu, who made the order, based on an action brought by National Forum of Former Legislators, agreed that the parties, including Accord Party (AP), Action Peoples Party (APP), Action Alliance (AA), and Zenith Labour Party (ZLP), failed to meet the requirement for continued existence in Nigeria.
But Obi, who left the ADC coalition to join the NDC, incidentally, based on what he explained resulted from the multiple court cases hanging on its neck, expressed his disenchantment, in a statement by the Peter Obi Media Reach (POMR), on Monday.
Signed by Ibrahim Umar, its spokesman, the group quoted the former Governor of Anambra State as decrying the growing damage to the nation’s sacred institutions on the altar of politics.
Stressing that the rise of nations depended on stronger institutions devoid of political influences, the 2023 Labour Party presidential candidate, wrote on his X platform: “When the controversy surrounding the removal of the former Chief Justice of Nigeria, Walter Onnoghen, unfolded, I expressed a concern to a friend: that the greatest damage might not be immediate, but the message it sends about the sanctity and independence of our institutions to the world.
“Strong economies are built on trust. Investors can manage security risks, policy risks, and even market risks. What they fear most is uncertainty in the rule of law and a judiciary that is perceived to be vulnerable to political pressure.
“Today, many Nigerians have lost confidence in systems that should protect them. Businesses increasingly request that their contracts be governed by foreign jurisdictions because they have greater confidence in those institutions than in our own. That should concern every patriot.
“We must never sacrifice our sacred institutions on the altar of politics. Nations rise when institutions are stronger than individuals. The Federal High Court judgment ordering the deregistration of the ADC and other political parties is just one of those activities that further reduces the common man’s trust in our legal systems. It should be reversed.
“I pledge that we will restore the dignity, independence, and integrity of the judiciary. The common man must have a voice. The business community must be protected from legal uncertainty and intimidation. Justice must be impartial, accessible, and respected by all. To our judges, legal luminaries, senior advocates, and lawyers: this is your moment. Rise, defend the rule of law, take back your country! A new Nigeria is POssible.”
Not even Lamine Yamal’s second half introduction could help Spain break through the defence of debutants, Cape Verde, in their first ever meeting, as the ongoing World Cup event produced another one of the stunning results on Monday.
Yamal, the Barcelona superstar just recovering from a near two-month hamstring injury, was brought into the game in the second half to zest up the one-time world champion, but failed to break down the Cape Verde’s dogged defence.
Spain’s in the game played in Atlanta, one of the cities hosting the three-nation Mundial, displayed the same dismal outing, which saw them offering far less than the quality, which saw them lifting the trophy for the first time in 2010.
The European champions, which have not won a knockout game ever since, failed to dominate the African side, replicating their less than impressing outings and their eventual exit in 2018 and 2022 editions, even with the claims of coach Luis de la Fuente that the squad was the best in the competition, Spain were considered among the pre-tournament.
Neither Yamal nor Nico Williams, who also was hit by an injury-disrupted season at Athletic Bilbao and was not introduced until the 87th minute, were able to rise to the occasion against the 500,000 people African side, ranked 67 in the world, which is making their debut on the global stage.
In stark contrast to the searing temperatures faced by some other sides, Atlanta’s state-of-the-art air conditioned stadium meant there was no excuses for the slow tempo of Spain’s build-up.
Indeed the mid-half hydration break was met by boos with fans frustrated at the break in play despite the cool conditions.
The only serious move from the European champions only came at the sixth minute to half-time, when Marc Cucurella, fresh for sealing his move from Chelsea to Real Madrid, sent over a teasing cross that Ferran Torres turned onto the crossbar and Cabo Verde goalkeeper Vozinha got back on his feet to turn Mikel Oyarzabal’s looping header over the bar.
Even after the break, the Blue Sharks, were also able to hold back from the onslaught as they did in the first half, where Vozinho, managed to make another superlative save against Aymeric Laporte’s header just before half-time.
Despite the excitement from the crowd after he was introduced, Yamal, billed as one of the stars of the tournament, failed to create any magic with his first touch being the set-up of a decent opening for fellow substitute Mikel Merino which was too close to Vozinha.
In fact, Cabo Verde billed to take on Uruguay in Miami, nearly snatched a famous victory in the final minute of the 90 when Dani Borges planted a header too close to Unai Simon, who saved the occasion, to prevent the former world champions, billed to face Saudi Arabia in Atlanta on Sunday from humiliation.
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