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Tribunal Declares Atiku’s Evidence As Drop in the Ocean, Affirms Buhari as Duly Elected
The Presidential Election Petitions Tribunal in Abuja on Wednesday dismissed the petition filed by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, challenging the victory of President Muhammadu Buhari at the February 23, 2019 election.
The five-man bench led by Justice Mohammed Garba unanimously dismissed the case for lacking in merit after resolving all the five issues raised in the case against the petitioners.
Justice Garba, who read the lead judgment, resolved all the five broad issues raised by the petitioners in favour of the respondents.He held that none of the grounds on which the petition was anchored was proved.
Comparing the evidence led by the petitioners to the quantum of their allegations, Justice Garba said, “It is like a drop in the ocean”.
He ruled, “In the final result, I have come to the conclusion, which is inevitable and unavoidable, that the petitioners have not discharged the burden of proof required of any of the grounds of the petition in paragraph 15 of the petition.This petition is accordingly and hereby dismissed in its entirety.”
The tribunal held, among others, that contrary to the contention of the petitioners, Buhari had the educational qualification to contest the presidential election.
It held that the petitioners failed to provide any proof that Buhari did not attend the Provincial Secondary School, Katsina and obtained his West African School Certificate from there in 1961.
“It is established that a candidate is not required under the Electoral Act to attach his certificate to Form CF001 before the candidate is adjudged to have the requisite qualification to contest the election,” Justice Garba said.
Citing a previous Supreme Court judgment, the tribunal said, “Submission of educational certificate is not a requirement to contest election.
“In effect, the 2nd defendant (Buhari) went through secondary education and then proceeded to military school. The military school is higher than secondary education.”
Justice Garba also referred to a statement issued in 2015 by the then Director of Army’s Public Relations, Brigadier-General Olajide Laleye, denying that Buhari’s certificate was with the Army’s board.
According to the judge, the denial by Laleye was only to the effect that Buhari’s certificate was not in his personal file but not to the effect that he did not have a certificate.
He pointed out that from Laleye’s statement the Army had verified Buhari’s results at the point of his enrolment into the Army in 1961.
He said Laleye admitted that Buhari possessed some credits and a pass in his West African School Certificate which qualified him to be commissioned into the Nigerian Army.
He said Buhari’s results mentioned in Laleye’s statement must have been copied from Buhari’s Form 99A submitted to the Army Board at the point of his enrolment into the Nigerian Army in 1962.
Justice Garba held, “The 2nd defendant is not only qualified, but also eminently qualified to contest the February 23, 2019 presidential election,” adding, “The fact that he did not attach his certificate cannot lead to the conclusion that he is not educated up to secondary education.”
The tribunal also dismissed the claim of the petitioners that Provincial Secondary School, Katsina, was not in existence as of 1961 when Buhari claimed to have obtained his West African School Certificate from there.
He ruled, “There is no scintilla of evidence that the school stated in Form CF001 submitted to INEC was not in existence as of that time.
“They have failed to discharge the burden of proof of the allegations of non-qualification or submission of false information which is fundamental in the aid of the qualification of the 2nd defendant to contest the election.”
Justice Garba added, “The onus rests squarely on the petitioners to prove their assertion that the 2nd respondent does not possess the educational qualification to contest the election or that he submitted false information which is fundamental in nature to aid his qualification. This, I have mentioned, that the petitioners failed to prove. The petitioners cannot therefore rely on any failure in the case of the respondents.
“I also have no doubt in my mind that the petitioners have failed to prove that the 2nd respondent does not possess the qualification to contest the election into the office of the President as stipulated in sections 131, 137, 138 of the Constitution.
“I am also of the firm view that the petitioners have failed to prove that the 2nd respondent submitted false information which is fundamental in nature to aid his qualification to contest the election into the Office of the President as prescribed in section 35(1) of the Evidence Act, 2011.”
The tribunal also ruled that the election manual issued by INEC for the conduct of the 2019 presidential election did not provide for electronic transmission of results of the election.
It added that the petitioners failed to prove that election results were transmitted electronically.
It added that petitioners’ Witness 59, David Njorga, from Kenya, did not qualify to be referred to as an expert witness, as he only relied on third party information to make a case for the existence of a server into which the results of the election were allegedly transmitted.
The tribunal held that Njorga relied on hearsay information posted on a website, www.factsdontlie.com, by a purported whistleblower who was never known.
It added that card reader was not used to transmit results during the election but was for mere authentication of ownership of voter cards.
It added that the petitioners merely dumped documents particularly result sheets and voter register on the tribunal without demonstrating them by attaching the evidence of any of their 62 witnesses to the documents in their bid to prove the allegations in their petition.
It held that none of the documents tendered by the petitioners was utilised to prove the allegations, such as over-voting or non-accreditation of voters.
Other members of the panel, Justices Abdul Aboki, Joseph Ikyegh, Samuel Oseji and Peter Ige concurred with the ruling.
The judgment, which lasted over eight hours on Wednesday, started at 9.30am and ended at about 5.58pm when the other members of the panel delivered their supporting opinions.
The Punch
Former Vice President Atiku Abubakar has called for an independent, transparent, and comprehensive investigation into the academic and professional credentials of all members of the Federal Executive Council (FEC), beginning with President Bola Tinubu himself.
Atiku’s call comes in the wake of the recent resignation of the former Minister of Innovation, Science and Technology, Uche Nnaji, over an alleged certificate scandal.
Following the controversy surrounding the authenticity of his academic qualifications, Nnaji tendered his resignation on Tuesday. He, however, maintains that his resignation is not an admission of guilt.
Reacting to the development in a post on his X handle on Wednesday, Atiku said the resignation of the former minister has “once again brought to light the deep moral crisis at the heart of the Bola Ahmed Tinubu administration.”
The former Vice President also questioned Tinubu’s own credentials, alleging that they have been the subject of controversy for decades. He, therefore, called for a thorough investigation into the credentials of all FEC members, starting with the President.
“This episode is not isolated. It is a reflection of a pattern — a rot that begins from the very top. The man who occupies the office of President, Bola Ahmed Tinubu, has for decades been enmeshed in controversies surrounding his identity, age, and academic records.
“From the Chicago State University saga to multiple contradictory claims under oath, the world has seen ample evidence that Nigeria today is led by a man who himself has been unable to credibly defend the authenticity of his own certificates.
“When a man of questionable identity leads a country, deception becomes the standard of governance. Tinubu’s personal history of alleged forgery and perjury has effectively institutionalized falsehood in public service.
“It is, therefore, unsurprising that his ministers and aides have taken after his example — falsifying documents, inflating records, and desecrating the moral foundation of our nation.
“I, therefore, call for an independent, transparent, and comprehensive investigation into the academic and professional credentials of all members of the Federal Executive Council, beginning with President Bola Ahmed Tinubu himself. Nigerians deserve to know the truth about those who preside over their lives and resources.
“Tuesday’s resignation of Uche Nnaji, Minister of Innovation, Science and Technology, has once again brought to light the deep moral crisis at the heart of the Bola Ahmed Tinubu administration.
“What should ordinarily be a matter of national shame is now being disguised as a ‘voluntary resignation’ — an attempt to whitewash yet another scandal that typifies the forgery-ridden character of this government,” Atiku said.
He condemned President Tinubu’s decision to allow Nnaji an honourable resignation rather than a dismissal.
“Let the truth be told: Uche Nnaji should not have been allowed the courtesy of resignation. He should have been summarily dismissed and prosecuted for deceit and falsification.
“By permitting him to quietly exit through the back door, the Tinubu administration has once again demonstrated that it is an assembly of forgers, impostors, and morally bankrupt individuals masquerading as public servants.”
Atiku also berated the Department of State Services (DSS), questioning how Nnaji’s alleged certificate scandal escaped detection during the screening process prior to his appointment.
“What makes this even more embarrassing is that the same Department of State Services (DSS), which screened out Mallam Nasir El-Rufai for alleged ‘security concerns’, is the very agency that cleared this same character, Uche Nnaji.
“The DSS truly deserves our flowers for this national disgrace. Their failure of due diligence has made Nigeria an object of ridicule before the world and raises the question: how many more such individuals are occupying sensitive positions in this government?”
President Bola Tinubu, on Tuesday, accepted Professor Mahmood Yakubu’s departure as chairman of the Independent National Electoral Commission (INEC) following the expiration of his second term in office.
Yakubu was first appointed in November 2015 as the 14th chairman of the commission for an initial term of five years.
The appointment, which was renewed in 2020, has now expired due to the passage of time.
President Tinubu thanked Professor Yakubu for his services to the nation and his efforts to sustain Nigeria’s democracy, particularly through the organisation of free and fair elections throughout his two-term tenure.
In recognition of Yakubu’s dedicated service to the nation, President Tinubu has bestowed on him the honour of Commander of the Order of the Niger (CON).
President Tinubu also directed that Professor Yakubu should hand over to the most senior national commissioner, May Agbamuche-Mbu, who will direct the affairs of the Commission until the completion of the process to appoint a successor.
In the letter dated October 3, 2025, Professor Yakubu thanked the President for the opportunity to serve the nation as chairman of the commission since 2015.
The Minister of Innovation, Science, and Technology, Geoffrey Uche Nnaji, has resigned his position following allegations of certificate forgery levelled against him.
President Bola Tinubu’s Special Adviser on Information and Strategy, Bayo Onanuga, confirmed the resignation in a statement on Tuesday, saying the President has accepted the Minister’s decision to step down.
He added that “President Tinubu appointed Nnaji in August 2023. He resigned today in a letter thanking the President for allowing him to serve Nigeria.”
Onanuga further quoted the former Minister as saying he had “been a target of blackmail by political opponents.”
“President Tinubu thanked him for his service and wished him well in future endeavours,” the statement added.
