Appeal Court Reserves Judgment in Suit Challenging Buhari’s Academic Qualification

The Abuja division of the Court of Appeal on Monday reserved
judgment in the appeal filed against President Muhammadu Buhari’s
academic qualification for the 2019 presidential election.

The three member panel of the appellate court presided over by
Justice Atinuke Akomolafe-Wilson, reserved judgment after listening
to the argument canvassed by counsel to parties in the suit.

At Monday’s proceedings, counsel to the appellant, Ukpai Ukairo,
insisted that President Buhari was not educationally qualified to
have stood for the presidential poll on the grounds that the
required certificates were not attached to his form CF001,
submitted to the Independent National Electoral Commission (INEC)
for clearance to contest the presidential poll.

The counsel denied the claim that the suit of the appellant was
statute barred, adding that the case was instituted on November 5,
2018 within the 14 days allowed by law. He said the cause of action
started with the announcement and publication by INEC of successful
candidates for the 2019 general election on October 25, 2018.

Ukairo therefore urged the Court of Appeal to allow the appeal
and set aside the decision of the Federal High Court on grounds of
miscarriage of justice.

He asked the court to nullify Buhari’s participation in the
February 23 presidential election because he was not educational
qualified for the poll at the time he did.

However, lawyers to the 1st and 2nd respondents urged the court
to dismiss the appeal for being incompetent and lacking merit.

Buhari’s counsel, Abdullahi Abubakar, specifically told the
Appeal Court that the case of the appellant was statute barred
having not been filed within the mandatory period stipulated by the
law.

He urged the court to uphold the decision of the Federal High
Court to the effect that the suit was not filed in line with the
position of the law.

Counsel to the All Progressives Congress Babatunde Ogala, argued
in the same line with Buhari and urged the court to dismiss the
appeal, while counsel to INEC, Onyeri Anthony, said the commission
was neutral and would abide by the decision of the Court.

Kalu, Ismail and El-Kuris had approached the appellate court to
nullify and set aside the Judgment of the Abuja division of the
Federal High Court which declined to hear their suit instituted to
challenge the educational qualification of President Buhari before
the conduct of the 2019 general election.

The appellants in their appeal are asking the appellate court to
reverse the judgment of Justice Ahmed Mohammed on the grounds that
the processes filed by Buhari and used to strike out their suit
were not competent.

While faulting the Judgment of the lower court, which was
predicated on the grounds that the suit was statute barred, the
appellants claimed that the Federal High Court erred in law and in
its decison because they did not challenge the primary election
that produced Buhari as candidate of the APC.

They therefore urged the Court of Appeal to assume jurisdiction
over the suit and grant all the reliefs sought at the Federal High
Court but which were refused.

Among the reliefs were a declaration that Buhari submitted false
information regarding his qualification and certifcate to INEC for
the purpose of contesting election into the office of the President
of Nigeria and that he should be disqualified.

They also prayed for an order of court directing INEC to remove
Buhari’s name as a candidate of APC and another order restraining
Buhari from parading himself as a candidate in the 2019
presidential election and also APC from recognizing Buhari as a
candidate.

The Federal High Court had on May 2 declined to grant the
request of the appellants on the grounds that the suit was not
filed within the time allowed by law and therefore sustained the
preliminary objection raised by Buhari at the hearing.

But not satisfied, the appellants are now asking the Court of
Appeal to grant their reliefs because they are not challenging the
primary election of APC as erroneously held by the lower court but
the qualification of Buhari to stand for the presidential election
without demonstrating his educational certificates as required by
law.

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Presidential Tribunal: Buhari Kicks Against Admission of
Bio-Data to INEC

President Muhammadu Buhari, Monday objected to the admission of
his form CF001 which contained his personal data submitted to the
Independent National Electoral Commission, INEC, for February 23,
presidential election.

Buhari’s objection against the said document was announced by
his lead counsel, chief Wale Olanipekun, SAN, to the presidential
election petition tribunal sitting in Abuja.

Olanipekun while objecting to the admission of the form,
however, said that his reason would be made public at the address
stage.

Presidential candidate of the Peoples Democratic Party, PDP,
Atiku Abubakar and the party had tendered Buhari’s form as part of
efforts to establish their petition against Buhari on his
qualification for the last presidential election.

Apart from the form, Atiku also tendered the final result of the
election signed by professor Yakubu Mahmood which the tribunal
admitted as exhibit.

Also tendered and admitted as exhibit are documents containing
total number of voters in the INEC register and the number of
collected permanent voters card for the elections.

Atiku’s lead counsel, Dr. Livy Uzoukwu also tendered six
Newspapers publications and 10 press statements issued by INEC in
respect of the election.

At the time of filing this report, other documents numbering 6,
806 mainly election result sheets from Kano and Zamfara states were
tendered and admitted by the tribunal.

Also, Atiku and the PDP kick-started calling of witnesses to
testify for them in their allegations of election malpractices,
corruption, irregularities and violence against the conduct of
election that produced Buhari as President.

The first Witness, Buba Galadima who adopted his statement made
on oath said under cross examination by Buhari’s counsel, Chief
Wale Olanipekun that he supported Buhari in the 2003, 2007, 2011
and 2015 presidential elections but parted ways with him due to
Buhari’s alleged unfulfilled promises.

Galadima said that he supported Atiku in the 2019 election
because he was a better candidate who is educated, God-fearing and
capable of providing good governance in the country.

The Witness, however, denied parting ways with Buhari because he
was denied privileges but insisted that Buhari failed to protect
life and property of citizens and did not allow the rule of law to
prevail.

Also under cross examination by the APC counsel, Lateef Fagbemi,
Galadima further told the tribunal that he was not a member of the
PDP and that his party – Reformed All Progressives Congress, RAPC,
had a memorandum of understanding with Atiku and PDP on how to make
life bearable for Nigerians, ensure security of life and property
and allow the rule of law to prevail.

Second Petitioner’s Witness, Ijeoma Peter Obi who claimed as
Information Communications and Technology, ICT, expert admitted
transmitting results from polling units to the INEC server in his
capacity as Registration Area Technician who was trained and
shortlisted by INEC for the 2019 election.

Another witness, Adejuwitan Ebenezar Olalekan also admitted
transmitting election results to INEC server.

Olalekan told the tribunal that INEC server was automatic and
embedded in the smart card reader for the purposes of transmitting
results.

He added that he personally transmitted results to INEC server
through a code provided by the electoral umpire, saying that the
server was connected to the smart card reader.

Under cross examination by Olanipekun, the Witness said that he
did not know President Muhammadu Buhari as second respondent in
Atiku’s petition.

Also under cross examination by Fagbemi, the witness admitted
not serving as presiding officer for INEC but only was shortlisted
by the electoral body.

By PRNigeria