Supreme Court To Hear Atiku’s Appeal On Wednesday 30th October

The Supreme Court of Nigeria has fixed Wednesday, October 30,
2019, to hear the Appeal of the PDP and Atiku/Obi, arising from the
judgment of the Appeal Court.

Recall that Atiku and PDP had formally filed an appeal against
the judgement of the presidential election petitions tribunal, at
the Supreme Court.

The opposition party is challenging the judgment of the
presidential election tribunal, which affirmed the election of
President Muhammadu Buhari.

In the appeal filed by Atiku and PDP, the opposition alleged
that the panel of the presidential election tribunal erred in law
“when they relied on “overall interest of justice” to hold that the
second Respondent’s (President Muhammadu Buhari) exhibits R1 to
R26, P85, and P86 were properly admitted in evidence.”

They also alleged among other reasons that the tribunal erred in
law “when they held thus: “My firm view is that Section 76 of the
Electoral Act is clearly inapplicable to the issues under
consideration.

“The form referred to are the form to be used in the conduct of
the election as FORM CF001 had been taken care of in Section 31 of
the Electoral Act and the said FORM CF001 is tied to the steps laid
down in the said Section 31 of the Electoral Act.

“More importantly, the law is firmly settled that a candidate is
not required by the Constitution or the Electoral Act to attach his
certificates to FORM CF001 before the candidate can be considered
or adjudged to have the requisite educational qualifications to
contest the election.”

They also alleged that the tribunal erred in law when they held
thus: “There was/is no pleadings in the Petition to the effect that
2nd Respondents failure to attach his certificates to Form CF001
amounts to lack of educational qualification to contest the
election.

“In other words, the issue of failure to attach certificates
which have been flogged throughout the length and breadth of the
Petitioners Address (es) in Reply to 1st, 2nd and 3rd Respondents
final written address is not the case of the Petitioner in the
pleadings. No issue was joined on nonproduction of certificates or
failure to attach them as an infraction of section 131, 137 and 138
of the Constitution of Federal Republic of Nigeria, 1999 as
amended.

“All submission about the failure to produce certificates or
attach same to CF001 is hereby discountenanced. Even if it can be
said that the submissions made are in tandem with the Petitioners
Pleadings on issues 1 and 2 the fact remains that none of the facts
pleaded were proved or established as required by law.”

According to them, they pleaded and proved the allegation that
President Buhari gave false information of a fundamental nature to
INEC in aid of his qualification.

They further stated that they also pleaded that the Nigerian
Military denied that it held or was in possession of the
President’s certificates. And that the failure of the president to
produce his Certificates or attach same to Form CF001 in the face
of unequivocal denial by the Army that his Certificates were not
with them went to the root of the allegation against him that he
gave false information of a fundamental nature to INEC in aid of
his qualification.

Atiku and his party therefore asked the Supreme Court to set
aside the judgment of the tribunal and grant the prayers sought by
them.

Time line Of Presidential Election Petitions
Tribunal
The proceedings of the Presidential Petition tribunal commenced on
18th of March 2019 when the Peoples Democratic Party (PDP) and its
presidential candidate, Atiku Abubakar filed the petition
challenging the victory of President Muhammadu Buhari in the
February 23, election.

On May 8th, the tribunal commenced inaugural sitting and it was
chaired by the President of the Appeal Court, Justice Zainab
Bulkachuwa.

The tribunal was however delayed for another three weeks
following the withdrawal of Justice Bulkachuwa as chairman of the
tribunal.

On June 10, 2019, the pre-trial started and ended on July 3rd
under the chairmanship of Justice Mohamed Garba who took over from
justice Bulkachuwa.

The main petition was heard between July 4th and August 1.

Parties in the tribunal adopted their final written addresses on
August 21.

A five-man panel of the Presidential Election Petition Tribunal
headed by Justice Mohammed Garba reserved judgment to a date to be
communicated to all the parties involved in the petition.

Dr Levi Uzoukwu, who led the petitioners’ legal team insisted in
his final written address that President Buhari’s claim that he
submitted his certificates to the Military Board has been
controverted by the Secretary to the Military Board.

Lawyers to INEC, President Buhari and the All Progressives
Congress, however, urged the Tribunal to dismiss the petition with
substantial cost for lacking in merit and substance. They argued
that the nation’s law only requires a candidate to be educated up
to secondary school level or its equivalent.

Subscribe ToNairalaw News!