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Atiku confident of victory, as tribunal proceedings ends, sets date for judgement
The Presidential Election Petition Court has reserved judgement in the petition filed by the Peoples Democratic Party (PDP)’s presidential candidate, Atiku Abubakar, against the February 25 election victory of President Bola Tinubu of the All Progressives Congress (APC).
The five-man panel led by Justice Haruna Tsammani, reserved judgement to a date to be communicated to the parties.
Atiku, Nigeria’s Vice-President between May 1999 and May 2007, who was physically present in court today (Tuesday), alongside the PDP as well as Labour Party (LP) and its flag bearer, Peter Obi, are praying for the nullification of Tinubu’s victory in the February 25 poll, claiming individually to have won the election.
Independent National Electoral Commission (INEC), which is defending the credibility of the election, in its own defence filed by Abubakar Mahmoud, its lawyer said it would amount to absurdity for the Tribunal to accept the argument of Atiku that one must secure 25 per cent of votes in the Federal Capital Territory (FCT) to emerge winner of a presidential election, arguing that Section 134 of the Constitution, die not make the enclave to enjoy a special status.
He added that it would amount to absurdity for residents of the FCT to be deemed as being more special than other Nigerians elsewhere who voted during the keenly contested election.
On Bimodal Voter Accreditation System (BVAS) and INEC Result Viewing portal (IREV), Mahmoud argued that the evidence before the court showed that all the information generated by the BVAS in relation to transmission of results were stored in the Amazon Web Services (AWS) and it was the most secured and publicly available cloud service in the world.
He held that there was a test of vulnerability and application of the AWS.
He further held that INEC showed good intention to make the election credible as manifested by the evidence before the court.
Mahmoud submitted that the major plank of the petitioners’ case is non-compliance with the electoral act, regulations and guidelines.
On his part, the counsel for Tinubu and his vice, Kashim Shettima, Wole Olanikpekun, described the petitioners as meddlesome interloper.
He held that uploading of results to the IREV, either manually or electronically, played no role in the election process. He added that collation was physical and also manual.
Citing pages 10-11 of their address, he drew the attention of the court to the difference between transfer and transmit, the vertical, horizontal and the continuous use of the word or by the petitioner.
On the FCT, Olanikpekun held that the FCT is the 37th state in Nigeria for the purpose of the presidential election.
He added that the President won one quarter of the votes in two-third of the FCT.
On his part, counsel for the APC, Lateef Fagbemi, also prayed the court to dismiss the petition on the grounds that all the points raised in the petition has been ruled on by other court.
On the issue of 25% in Abuja, he said treating Abuja specially would be undue privilege, discrimination and elevation of a state, above others.
On the issue of election results, he noted that the petitioners did not prove that election did not hold in any area, neither did they prove that the results were proported as their witnesses did not disagree with the results of the election, as the only complain they had was the uploading of results.
On the issue of forfeiture, he noted that it was a civil forfeiture not a criminal one.
However, Atiku’s counsel, Chris Uche, said the issue of double nomination wasn’t raised.
On the issue of transmission, he added that there is a new regime in the Electoral Act and the essence of the innovation was to enhance transparency of collation and integrity of results declared.
He contended that INEC had a choice and option which they exercised.
Uche further added that RW 1 admitted results in the National Assembly election were transmitted but that of the presidential poll was not.
He further insisted that there was no technical glitch but a deliberate hitch to create room for manipulation.
He wondered why INEC said it was only four hours they had a delay, while their witness admitted that results were uploaded till March 1, 2023.
He pointed out that the burden shifts to INEC to explain the substantiality of the non-compliance.
He accused INEC of carrying out a total shutdown to create room for manipulation.
On the issue of FCT, he said they have sought to create an additional state. No one is endowed with the competence to add what has already been.
He urged the court to adopt the current trend and allow all the petitions which they clearly proved.
The five-man panel led by Justice Haruna Tsammani subsequently reserved judgement to a date that will be communicated to the parties.
Peter Obi, candidate of the Nigeria Democratic Congress (NDC), has given assignment to Nigerians to put all those aspiring to take up political positions in the country through the grill to ascertain their level of integrity, saying it was required as a sine qua non for the job they seek.
Obi, who has been a subject of discussion in the polity since the allegation of corruption was levied against him by Kenneth Okonkwo, spokesman of his campaign in 2023, over the conduct of the party’s primaries to choose candidates for the 2027 general elections, said the grilling must start with his own person.
A guest in an interview on a podcast with Rufai Oseni, a popular television anchor, the former Governor of Anambra State, stated that it was actually for this reason that he had now sworn to see the litigation he instituted against Okonkwo through.
His take is that the Nollywood actor should use the courtrooms to give all the details of bad behaviour, following his threat to expose him fully, after alleging that he was collecting money from aspirants in the said election for electoral favours.
Hear him: “The issue of taking Kenneth Okonkwo to court wouldn’t have arisen if he had stopped at those allegations. But he claimed he still has more he would expose about me in the future. So, I am very happy to take him to court so that he can expose me publicly, alongside other Nigerians. If any of them has any criminal allegations against me, they should bring them to court.
“Not just Kenneth, everybody should now say those things they know that is bad about me or I did that is wrong because it’s good for the system, it’s good for the society,” Obi said.
“So, if you know that when we were in primary school, this man was cheating or didn’t go to the primary school, didn’t go to secondary school, didn’t do, if you know this man has done something criminal somewhere, this is time to bring it up.”
For the umpteenth time, Atiku Abubakar, former Vice President Atiku Abubakar has warned about the dangerous implication of using state institutions, particularly the judiciary to destroy Nigeria’s democracy, saying it is an ill-wind that blows nobody any good.
Atiku, presidential candidate of the African Democratic Congress (ADC), speaking on the heels of Tuesday’s verdict of the Court of Appeal, halting the de-registration order by the Federal High Court, insisted that judicial officers must not lend themselves to any act capable of undermining the nation’s democratic process.
The appellate court had ordered a stay of execution on the order made on Monday by Justice Peter Lifu of the Federal High Court Abuja, for the Independent National Electoral Commission (INEC) to deregister the ADC alongside four other political parties).
A totally scandalised Court of Appeal, sitting in Abuja, had taken umbrage, sparing no hard words in upbraiding the lower court judge, stating that his likes were unfit to sit on the bench.
In a unanimous ruling by a three-man panel, the court held that Lifu’s action was “the highest form of judicial impertinence”, stressing that the Supreme Court previously held that a judge who acted in such a manner.
Describing his conduct as the height of judicial rascality, the upper court, stated: “Courts are enjoined to protect their integrity. This Court has supervisory authority over the trial court.
“The decision of the lower court to proceed with the judgment despite the express order of this court is a brazen violation of the hierarchy of the court and the 1999 Constitution.
This court has the duty to invoke its powers in ensuring that its orders are obeyed. The application for a stay of execution is here yet granted. The enforcement of the judgment is stayed.”
Atiku, who hailed the position of the higher court, which restored his hope to be on the ballot as presidential candidate in the 2027 election, also noted the role of INEC as “significant.”
He said: “I welcome the Court of Appeal’s decision to stay the execution of the Federal High Court judgement seeking the deregistration of our great party, the ADC, and four other political parties. It is particularly significant that INEC itself initiated the application for the stay.
“The development reflects growing public concern over judicial contradictions and politically charged rulings within the judiciary. “Any attempt to undermine Nigeria’s hard-won democracy through judicial manipulation is a grave danger to the Republic. If our democracy suffers further injury, history will demand accountability from those entrusted with dispensing justice.
Outside ADC, Lifu’s order, also included: Action Democratic Congress (ADC), Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP) and Zenith Labour Party (ZLP), similarly slammed for allegedly failing to meet the constitutional requirements for continued registration and participation in elections.
“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.”
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