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42—Vanguard, THURSDAY, SEPTEMBER 12, 2019 Continues from Page41 vanguardnews @vanguardnews @vanguardnews Buhari floors Atiku at tribunal Atiku, who it said polled a total of 11,262,978 votes. Data from server However, in their joint petition marked CA/PEPC/ 002/2019, Atiku and his party, insisted that data they secured from INEC’s server, revealed that contrary to the result that was announced, they defeated President Buhari with over 1.6million votes The petitioners maintained that proper collation and summation of the presidential election results would show that contrary to what INEC declared, Atiku, garnered a total of 18,356,732 votes, ahead of Buhari who they said got a total of 16,741,430 votes. They alleged that INEC had at various stages of the election, unlawful allocated votes to President Buhari, insisting that the announced result did not represent the lawful valid votes cast. Atiku and PDP further alleged that in some states, INEC deducted lawful votes that accrued to him, in its bid to ensure that Buhari was returned back to office. Aside challenging the outcome of the election in 11 states of the federation, the petitioners, alleged that President Buhari lied about his educational qualifications in the Form CF 001 he submitted to INEC to contest the presidential poll. Though the petitioners initially said they would produce 400 witnesses to prove their case, they however closed their case on July 19 after they called a total of 62 witnesses and tendered over 40,000 documents. The petitioners, through their witnesses that comprised information technology experts and polling/collation agents, insisted before the tribunal that result of the presidential election was electronically transmitted to a central server, using the Smart Card Reader Machines. Even though INEC which was sued as the 1st Respondent, failed to call any witness, it vehemently refuted the claim that results were electronically transmitted. The electoral body told the tribunal that the 1999 Constitution, as amended, and the Electoral Act, only made provision for manual collation of results using the Form EC8 Series. INEC said it decided not to call witnesses in the matter, having realized that the petitioners presented a very bad case. It argued that the petitioners failed to, by way of credible evidence, prove beyond doubt that the election was allegedly rigged against them in 11 states of the federation. On his part, President Buhari who is the 2nd Respondent, on August 1, closed his defence after he produced seven witnesses that testified before the tribunal. Through his witnesses, President Buhari maintained that he validly won the presidential election, even as he tendered a Cambridge Assessment International Certified Statement of West African School Certificate issued in 1961, as well as photographs he took with his classmates in Katsina Provincial Secondary School, to prove that he has the requisite educational qualification. President Buhari had on the day he adopted his final brief of argument through his team of lawyers led by Chief Wole Olanipekun, SAN, argued that no law in the country stipulated that he must produce his certificates to prove his eligibility to contest the presidential election. He contended that the 1999 Constitution, as amended, only required him to be educated. President Buhari therefore urged the tribunal to dismiss the petition as grossly lacking in merit and substance. APC sought dismissal of petition Similarly, the APC which is the 3rd Respondent, sought the dismissal of the petition, even though it did not call any witness. The APC argued that the petitioners failed to call sufficient witnesses, especially Polling Unit Agents and Voters, to prove alleged electoral malpractices and noncompliance with the Electoral Act across the federation. The party further argued that Atiku did not disprove the allegation that he was not eligible to contest the election in view of the fact that he was originally from Cameroon and not a Nigerian by birth. Nonetheless, the petitioners, through their lead counsel, Dr. Livy Uzoukwu, SAN, urged the tribunal to hold that they successfully made out case to warrant Buhari’s sack. Uzoukwu said it was absurd for INEC to claim that it does not have an electronic storage device it kept data from the last presidential election. Aside pointing out discrepancy in the name on the Cambridge certificate Buhari tendered before the tribunal which bore the name ‘Mohamed’ instead of ‘Muhammadu’, the petitioners noted that witnesses and the military board, denied that Buhari’s set in the Army were ever asked to surrender their certificates for safe keeping. Specifically, the petitioners sought the following reliefs: “That it may be determined that the 2nd Respondent (Buhari) was not duly elected by a majority of lawful votes cast in the said election and therefore the declaration and return of the 2nd Respondent by the 1st Respondent as the President of Nigeria is unlawful, undue, null, void and of no effect. “That it may be determined that the 1st Petitioner (Atiku) was duly and validly elected and ought to be returned as President of Nigeria, having polled the highest number of lawful votes cast at the election to the office of the President of Nigeria held on 23rd February 2019 and having satisfied the constitutional requirements for the said election. “An order directing the 1st Respondent (INEC) to issue Certificate of Return to the 1st Petitioner as the duly elected President of Nigeria. “That it may be determined that the 2nd Respondent was at the time of the election not qualified to contest the said election. “That it may be determined that the 2nd Respondent submitted to the Commission affidavit containing false information of a fundamental nature in aid of his qualification for the said election”. In the alternative, “That the election to the office of the President of Nigeria held on 23rd February 2019 be nullified and a fresh election ordered.” Buhari’s objections In his preliminary objection however, President Buhari argued that every aspect of the petition grounded on or relating to electronic data purportedly retrieved or downloaded from INEC’s server were liable to be struck out, “same being incompetent and not rooted in any existing legislation”. He said: “That there were no incidences of corrupt practices at the election of 23rd February, 20l9, as alleged by the Petitioners; and that the declaration and return of the respondent President of the Federal Republic of Nigeria is valid and in compliance with the provisions of the Constitution, the Electoral Act, and all other Laws, Rules, Guidelines and Regulations, regulating the election. “That the election of the respondent as the elected President of the Federal Republic of Nigeria is valid and was conducted in substantial compliance with the provisions of the Electoral Act. “Contrary to paragraph 17 of the petition, the respondent states that the petitioners scored a total of 11,262,978 votes, trailing far behind the respondent who scored a total of 15,191,847 votes, with a margin of 3.328.869 votes”. Contending that he validly earned the number of votes that were credited to him by INEC, Buhari, said there was “nothing affecting the integrity of the NEWS HOTLINES 018773962, 08052867058 RAIN WATER IN BAYELSA—A young girl collecting water from the rainfall in Yenagoa, Bayelsa State, yesterday. Photo: NAN. election as there was nothing untoward on the Form ECBDM and no calculation errors can he revealed by any genuine forensic examination or statistical analysis in respect of the election”. “The 1st respondent was duly elected by the majority of lawful votes cast at the election to the office of the President, and shall at the trial, rely on [NBC FORMS 3C8 MA) and ECBE, issued by the 1st respondent at the election. “The respondent further states that he did not only score majority of lawful votes cast at the election into the office of President of Nigeria at the election of 23rd February, 2019, convincingly, but also had/ has the requisite constitutional spread of one-quarter of the total number of votes cast in more than two-thirds of the States of the Federation,” President Buhari argued. A travesty of justice, says PDP, heads to Supreme Court •Says it is shocked that justices took over respondents’ roles The Peoples Democratic Party, PDP, Wednesday rejected the judgement of the Presidential Election Petition Tribunal, PEPT, describing it as provocative, bare-faced subversion of justice and direct assault on the integrity of the nation’s justice system. The party expressed shock that the tribunal failed to point to justice despite “the flawless evidence laid before it, showing that President Buhari was not only unqualified to contest the election but also did not score the majority of valid votes at the polls.” In a statement by its spokesman, Mr. Kola Ologbondiyan, the PDP said it was unreasonable “that a court of law could validate a clear case of perjury and declaration of false information in a sworn affidavit, as firmly established against President Muhammadu Buhari, even in the face of incontrovertible evidence.” The statement continued: “The party is also rudely shocked that the court took over the roles of the Respondents’ lawyers who clearly abandoned their pleadings by refusing to call witness in defence of the petition. The court raked up all manner of excuses to make up for the yawning gaps occasioned by the total absence of any evidence from the Respondents. “Nigerians and the international community watched in utter disbelief when the tribunal ruled that one needs not provide a copy or certified true copy of educational certificate such individual claimed to possess, contrary to established proof of claims of certification. “The party notes as strange that the court even went ahead to provide rationalizations in favour of President Buhari, even when all hard facts before it shows that he did not possess the claimed educational certificate and that the Army was not in possession of his West African Examination Council, WAEC certificate as claimed in the affidavit he deposed to in his Presidential nomination form. “The PDP also described as shocking that the court approved the flawed declaration of President Buhari as the winner of the election despite evidence to show the perpetration of illegalities, manipulations, alterations and subtraction of valid votes freely given to Atiku Abubakar by Nigerians.” The party further added that “the pervading melancholic atmosphere across our nation since the verdict is a direct indication that the judgement has not fulfilled the desires and expectations of Nigerians. “The PDP however encouraged Nigerians to remain calm and not to lose hope or surrender to despondency or self-help, as our lawyers are upbeat in obtaining justice at the Supreme Court. This is more so as the tribunal itself admitted that there are several errors in the judgement.” ‘I wasn’t worried all along’ — Buhari reacts to tribunal verdict President Muhammadu Buhari described the ruling of the presidential election petition tribunal as a victory for Nigerians who trooped out to overwhelmingly elect him for a second term in office. Speaking shortly after the tribunal upheld his victory, the President said he was not worried about the petition filed to challenge the outcome of the election because he knew that Nigerians elected him. “Good conscience fears no evil report. I was unperturbed all along, because I knew Nigerians freely gave us the mandate. We are now vindicated,” Femi Adesina, presidential spokesman, quoted Buhari as saying. Adesina said Buhari dedicated the victory to God, and to Nigerians, while also commending the judiciary for “dispensing justice without fear or favour.” He said the President has extended a hand of fellowship to those who had felt aggrieved at the outcome of the election, and went to court, noting that it was within their democratic rights. “It is time for the country to move forward as one cohesive body, putting behind us all bickering and potential distractions over an election in which Nigerians spoke clearly and resoundingly,” he was quoted to have said. Ruling in order, Atiku/ PDP’s case, complete waste of time — APC The ruling All Progressives Congress APC has hailed the judgement of the 2019 Presidential Election Petition Tribunal which affirmed the electoral victory of its candidate, President Muhammadu Buhari. APC which described the petition by the Peoples Democratic Party PDP and its presidential candidate, Atiku Abubakar as a complete waste of time, praised the tribunal for Continues on Page 43
Continues from Page42 dismissing “in its entirety” the petition filed by the duo. APC made its position known in a statement by its National Publicity Secretary, Mallam Lanre Issa-Onilu. The party noted that “with today’s legal affirmation of President Buhari’s election victory, the APC congratulates the President; the Vice President, Prof. Yemi Osinbajo SAN, all members of our great party and, indeed, all well meaning Nigerians on this landmark judgement.” The statement added: “The APC congratulates the Judiciary for refusing to succumb to the opposition party’s subterfuge. We note the painstaking efforts and thoroughness of the Justices of the Presidential Election Petition Tribunal in arriving at their decision. Today’s judgement, no doubt, would go down in the annals of our nation as the longest and detailed, vanguardnews @vanguardnews @vanguardnews Nigerians divided over ruling By Clifford Ndujihe, Dayo Johnson, Dapo Akinrefon, Vincent Ujumadu, Dirisu Yakubu & Boluwaji Obahopo THE polity was divided yesterday with the President Election Petition Tribunal’s upholding of the election of President Muhammadu Buhari of the All Progressives Congress, APC, in the February poll, while dismissing the petition of Alhaji Atiku Abubakar of the Peoples Democratic Party, PDP. Among those who spoke on the judgement were governors, elder statesmen, party leaders, socio-political organisations and the Coalition of United Political Party, CUPP. Okorie congratulates Buhari, says justice has been served National Chairman of the United Progressive Party, UPP, Chief Chekwas Okorie, congratulated President Buhari on his victory, adding that the UPP has been vindicated on its August 17, 2018 decision to support Buhari. He said justice has been served and it is victory for democracy. While urging Buhari to accept his victory with the magnanimity of a forgiving father, Okorie advised Atiku Abubakar not to appeal the decision at the Supreme Court and save the county further distraction. In a statement, Okorie said: The United Progressive Party and its leadership felicitate heartily with President Buhari on the resounding landmark verdict of the Presidential Election Petition Tribunal which upheld the election of President Buhari in February, 2019. Justice has been served just as this victory is essentially victory for democracy. ‘’On 20th November, 2018, the leaders of our Party led by our National Chairman, Chief Dr. Chekwas Okorie were granted audience at the Presidential Villa, Abuja, to meet with the President where the Party conveyed its resolution not to present a Presidential Candidate on the platform of the UPP in order to focus our attention and energy in campaigning for him. He won the election with a margin of nearly four million votes to his closest rival. We sincerely advised the Peoples Democratic Party and its Presidential Candidate, Alhaji Atiku Abubakar to accept the outcome of the election in the spirit of sportsmanship. Unfortunately, they opted to proceed to the Tribunal with their petition against the election of President Buhari. True to our prediction, they have only succeeded in distracting the attention of the Nigerian people unnecessarily. We hope that their misadventure will be allowed to rest at this point, and save the nation of further distraction. In congratulating President Muhammadu Buhari, we urge him to accept his victory with the magnanimity of a forgiving father. He should remain focused in carrying out the onerous responsibilities of his office.’’ Atiku’s lawyers can appeal—Afenifere Also reacting, the pan- Yoruba socio-political organization, Afenifere, said Atiku’s lawyers still have an option of Buhari floors Atiku at tribunal spanning almost 10 hours. “The judgement by the five-member validates the decision of most Nigerians to do away with the past as expressed in their overwhelming votes in the 2019 elections. “The PDP and Atiku’s petition was largely hinged on the educational qualification of President Muhammadu Buhari and tales of an Independent National Electoral Commission INEC server and allegations of electronic transmission of election results. This was rightly dismissed by the tribunal for lacking in merit. “From the outset, our party was not perturbed over the PDP and Atiku’s petition, which will go down in Nigeria’s history as the most frivolous in the history of election petitions. In fact our position has now been justified that the PDP and Atiku’s petition was a complete waste of time. In their puerile efforts, they insisted on taking the appealing the ruling. Afenifere’s National Publicity Secretary, Mr. Yinka Odumakin said: “The Tribunal has given its verdict. The lawyers to the petitioners have to study it and know if there are grounds to appeal as they have one leg still open to them.” If judiciary is comfortable with state of affairs, we wish the luck – Ohanaeze On his part, Mr. Chuks Ibegbu, national spokesman of Ohanaeze Ndigbo said: the Ohanaeze NEC, Imeobi and stakeholders will meet to take a position on the ruling. ‘’Ndigbo belong to different political persuasions. Nigeria is bigger than any individual. Before the elections, we took a position that portrayed the interest of our people and we have no regrets about that. We should move on and keep praying for Nigeria. ‘’The fate of the nation is in the hand of the judiciary. Most advanced and progressive nations of the world were shaped by their patriotic judiciary. If our judiciary is comfortable with our state and believe their ruling is the best and just for us, then we wish them good luck. We are all here.’’ It’s judgement foretold – Ikokwu Second Republic politician, lawyer and elder statesman, Chief Guy Ikokwu, said the refusal of President Muhammadu Buhari to assent to the Electronic Transmission of Election Results Bill prepared grounds for manipulation of the polls and the verdict delivered by country on a circus and wild goose chase. “Going forward, APC’s victory at the presidential polls and the election tribunal represents our collective desire as a people to remain focused on the progressive growth and development of our country’s economy, fight against corruption, and providing security. “Consequently, we have taken a bold step by rescuing our nation from the satanic era of PDP, when our collective interests were being corruptly traded among a few pillagers. “We note, unfortunately, the continuous efforts being made by the unpatriotic elements in PDP, having held our country down for nearly two decades, to truncate our movement towards greatness. We, however, remain resolute in this journey being ably led by President Buhari. The APC administration would lead this country to the fulfilment of its destiny”, the ruling party pledged. Vanguard, THURSDAY, SEPTEMBER 12, 2019 —43 the tribunal, yesterday. He told Vanguard on phone: ‘’The tribunal’s judgement has already been foretold by the failure of President Buhari to give assent to the electronic transmission of results bill, with all the money the National Assembly voted for it. This gave room for manual transmission and manipulation of the results. The All Progressives Congress, APC and President Buhari had programmed that the election will not be free and fair by refusing to give assent to the electronic transmission of results." It’s a sad day for our country –Obaze PDP candidate in the last governorship election in Anambra, Mr. Oseloka Obaze said Nigeria had missed the opportunity to move forward. He said: “Today (yesterday) is a sad day for our country, Nigeria. This is a huge missed opportunity to right the ills of this nation. Nigerians should be extremely disappointed with the ruling of the Presidential Election Petition Tribunal. “This judgement runs against the weight of the evidence presented. Of course the tribunal has spoken and being law abiding, we respect their prerogative opinion, but we do not accept it. “Definitely, this ruling is subject to appeal and I am certain that our candidate, Atiku Abubakar, his running mate Mr. Peter Obi and our great party, PDP, will seek redress at the Supreme Court.’’ Judgement, provocative, fraudulent – CUPP On its part, the CUPP described the ruling as fraudulent and provocative to the sensibilities of Nigerians. In a statement issued by CUPP spokesperson, Ikenga Ugochinyere said: “From the totality of the judgement, the PEPT panel has lost the rare opportunity presented to it by the petition of the consensus opposition candidate, Atiku Abubakar to put an end to electoral fraud, leadership incompetence and the imposition of an unfit leader on the people. “By their judgement today (Wednesday), majority of Nigerians who had believed, though erroneously, that the judiciary was indeed independent have been brazenly awakened to the fact and correct belief that the Presidency had successfully hijacked the judiciary and Nigerians can only expect judgements and not justice. “All credible observer groups both local and international were unanimous in their verdict that the election was below the standard of the 2015 election and was massively rigged in favour of the President. “The Court of Appeal wasted the opportunity and have by so doing, endorsed the insecurity in the land, mismanagement of national resources, electoral fraud, forgery of documents and certificates submitted to the Independent National Electoral Commission, INEC and indeed threatened the very foundations of our democracy. “Could the court as it had done in times past not this time also considered the state of the nation, mood of Nigerians, national security issues and taken a decision boldly, impartially and firmly in the interest of Nigerians and Nigeria? “Today’s judgement is a manipulation of the law and the brazen use of technicality to stamp injustice, rob the people of justice and deny the nation the chance to have a leader that they truly elected in the person of Atiku Abubakar." It has solidified people’s fate in Judiciary – Bello To Kogi State Governor, Yahaya Bello, President Buhari deserves his victory and the justices have done justice in the case. In a statement by his Chief Press Secretary, Muhammed Onogwu, the governor said the judgement has demonstrated that “the judiciary remains unimpressed by gimmickry and unfair media opinions planted by litigants.” “The Judiciary has again proved itself strong in the protection of democracy and the rule of law in Nigeria. I have never entertained any iota of doubt about today’s outcome because it was NEWS HOTLINES 018773962, 08052867058 FUEL TANKER FIRE—Six tankers at the Loading bay of NNPC Depot located at Apata in Ibadan went up in flames, yesterday. PHOTO: Dare Fasube. clear that Nigerians voted overwhelmingly to re-elect the President. President Buhari is a man of the people and a peace-loving statesman. Perfectly predictable – Osuntokun In his reaction, Mr. Akin Osuntokun, Political Adviser to former President Olusegun Obasanjo, described the Tribunal ruling as “Perfectly predictable.” Osuntokun said: “The judgement merely worked to the answer that was determined the day the President committed himself to seeking reelection. What was the riotous and malicious orchestrated stampede of the hapless former Chief Justice, Walter Onnoghen out of office all about? Why would they go to such an extent to muzzle the judiciary only to countenance the option of losing at the courts? It amounts to the height of credulity for anyone to realistically anticipate a contrary verdict. Nonetheless, challenging the fraudulent award of victory to Buhari by INEC was a necessary ‘evil’; it has served the significant purpose of exposing the dark crevices and warrens of the sham election to the glare of the whole world." Wike, Akeredolu fete Buhari However, Rivers State Governor, Nyesom Ezenwo Wike congratulated President Buhari on the validation of his election by the tribunal. In a statement By Simeon Nwakaudu, his special assistant on Electronic Media, Governor Wike urged President Buhari to use his victory to work for all Nigerians, irrespective of their political leanings, and to work towards the unity of the country, noting that the country is divided Also, Ondo State Governor, Rotimi Akeredolu, in a statement by Commissioner for Information & Orientation, Donald Ojogo, congratulated the President and the APC over the judicial victory, describing it as national victory for all Nigerians.
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12092019

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