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Tribunal Declares Atiku’s Evidence As Drop in the Ocean, Affirms Buhari as Duly Elected
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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
General Overseer of Living Faith Church Worldwide aka Winners Chapel, Bishop David Oyedepo, has taken a swipe at President Bola Tinubu over the worsening insecurity and economic hardship in Nigeria.
In a viral video shared online, Oyedepo alleged that the Tinubu administration was failing to take decisive action to address the challenges bedeviling the Nigerian people.
The cleric expressed anger over the persistent attacks and killings across the country, issuing a note of warning that Nigerians who have endured the situation for a long time may no longer remain silent.
The General Overseer, however, condemned those behind the attacks and killing of unarmed Nigerians, stating that victims should not be expected to show sympathy towards the perpetrators of the heinous crime.
“The president needs to act now and stop pretending. You can’t slaughter members of my family and expect me to pray for you. I will pray against you and your household.
“The government is pretending like they don’t know what to do. I have been quiet for a long time, but the bubble is about to burst,” he fumed.
He equally accused the government of appearing unaware of the severity of the security crisis, saying leaders had failed to demonstrate the urgency required to protect citizens and restore confidence.
The African Democratic Congress (ADC) has argued that President Bola Tinubu is not qualified to contest the 2027 presidential election, citing his alleged failure to present his primary and secondary school certificates to the public.
Tinubu, in the form he submitted to the Independent National Electoral Commission (INEC) for next year’s election, reportedly left blank the sections designated for his primary and secondary school education, raising concerns among some Nigerians, particularly members of the opposition.
A lawyer and ADC chieftain, Kalu Kalu, alleged that the President committed forgery by previously presenting certificates he did not possess, an act he claimed automatically disqualifies him from contesting for the nation’s highest office. He cited Section 137(1)(j) of the 1999 Constitution, which states that a person is not qualified to run for the office of President if they have presented a forged certificate to the Independent National Electoral Commission (INEC).
He alleged that the primary and secondary schools Tinubu claimed to have attended either did not exist at the time or were falsely represented. Kalu further claimed that although Tinubu presented those certificates during the 2023 election, the due diligence carried out by the ADC’s presidential candidate, Atiku Abubakar, who was the Peoples Democratic Party (PDP) presidential candidate in the last general election, had prompted the President to remain silent about his primary and secondary school education in his latest submission to INEC.
Kalu also questioned the authenticity of President Tinubu’s Chicago State University certificate, saying it had been subjected to scrutiny in a United States court.
The ADC stalwart said: “Atiku Abubakar went for the discovery of the academic records of Bola Ahmed Tinubu and the US court directed Chicago State University to release those academic records of Bola Ahmed Tinubu. And when they were released, it was found that Bola Ahmed Tinubu made a very dangerous false entry that he attended Government College, Lagos and graduated in 1970, whereas Government College, Lagos, was not even in existence in 1970; it was established in 1974. That’s one.
Speaking on whether the matter could be relitigated, Kalu said: “The challenge is that the Supreme Court’s position on pre-election matters is that only an aspirant can challenge another aspirant in the race. Now Tinubu has emerged, and nobody from the APC is challenging him. But the issue now is Section 29 of the Electoral Act. Is the Electoral Act superior to the Constitution? The answer is no. If the Constitution says, under Section 137(1)(j), that you are not qualified to contest an election if you have presented a forged certificate to INEC.
Former Vice President of Nigeria and Presidential Candidate of the African Democratic Congress (ADC), Atiku Abubakar, has expressed bewilderment over President Bola Tinubu’s latest claim that “prosperity is on the horizon” and that “the quality of life is improving,” asking whether the President was referring to another country or the Nigeria that millions of citizens endure every day.
In a statement issued by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said the President’s remarks reveal a troubling disconnect between those who govern and the people they were elected to serve.
“Mr. President says prosperity is on the horizon. Nigerians are asking: whose horizon? Certainly not that of the market woman whose capital has been wiped out by inflation. Not that of the civil servant whose salary now expires before the month begins. Not that of the manufacturer struggling under crushing energy costs. Not that of the unemployed graduate who sees no future. Certainly not that of farming communities forced off their ancestral lands by terrorists and bandits, families mourning loved ones slaughtered in senseless attacks, or countless Nigerians who now live in daily fear of kidnappers who have turned human lives into commodities. And certainly not that of millions of households that have quietly reduced the number of meals they eat each day simply to survive.”
Atiku said that while no serious person disputes that President Tinubu inherited challenges, no President is elected to inherit excuses.
“The Constitution did not swear President Tinubu into office to explain history. It swore him into office to change it. Every administration inherits problems. Great leaders are remembered for solving them, not for endlessly rehearsing them.”
The former Vice President noted that after more than three years in office, the Tinubu administration can no longer govern by blaming its predecessors.
“The Nigerian people are not interested in who created the problem. They want to know who will solve it. A government that still blames its predecessors after years in office is, by its own conduct, admitting that it has run out of ideas. President Tinubu may find comfort in blaming those before him, but history will remember his administration as the one under which Nigerians endured unprecedented hardship, institutionalised fiscal recklessness, and one of the greatest appropriation scandals in the annals of our nation. The suffering of Nigerians today is driven not by the past, but by an administration that has elevated opacity over transparency, rewarded a privileged circle of cronies, and condemned millions to deepening economic pain, insecurity, and despair.
“It is even more astonishing that a President who constantly invokes China now blames Nigeria’s population for the country’s difficulties. China did not become an economic superpower by complaining about the size of its population. It became prosperous because visionary leadership transformed that population into its greatest economic asset through sustained investment in manufacturing, infrastructure, education, technology, and export-led industrialisation. Great leaders convert challenges into opportunities. They do not convert opportunities into excuses.
“That is precisely what an Atiku Abubakar administration will do. We will invest aggressively in manufacturing, modern infrastructure, quality education, skills acquisition, agriculture, and export-driven industries to unlock the enormous productive capacity of our people. Nigeria’s youthful population is not a burden; it is our greatest strategic advantage. Our people are not the problem. President Tinubu’s failed leadership is.”
He said it was particularly insensitive for the President to suggest that because hunger existed before his birth, Nigerians should somehow accept the unprecedented hardship confronting them today.
“Nobody ‘elected’ Tinubu to eliminate the hunger of 1940. Nigerians ‘elected’ him to confront the hunger of today. The fact that previous generations endured hardship is not a licence to deepen the suffering of the present generation.”
Atiku stressed that hope is not manufactured through speeches but earned through purposeful leadership and policies that improve lives.
“Hope cannot be preached to a hungry stomach. It cannot be legislated into existence. It cannot substitute for affordable food, stable electricity, productive jobs, quality education, accessible healthcare, or security for families to sleep with both eyes closed. Government inspires hope through performance, not rhetoric.”
He urged President Tinubu to step outside the comfort of official briefings and carefully choreographed ceremonies and reconnect with the realities confronting ordinary Nigerians.
“If the President truly believes that the quality of life is improving, then one must respectfully remind him that the Nigeria he is talking about exists only in his head. It is certainly not the Nigeria where families are choosing between food and medicine, where communities are fleeing armed violence, where kidnappers dictate the rhythm of daily life, and where hope is becoming more expensive than bread.”
