President Muhammadu Buhari on
Wednesday, took a swipe at his closest rival in the 2019 presidential election,
Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP), describing him as
a serial loser.
In a preliminary objection he
filed to challenge the competence of a petition that Atiku lodged against his
re-election on February 23, President Buhari boasted the electorate always
chose him ahead of Atiku, in both inter-party or intra-party contests, using
the 2014 presidential primaries the All Progressives Congress (APC), as an
instance.
“The respondent further averred
that at every previous instance, whether at intra-party or inter-party
contests, where he and the 1st petitioner had vied, he has always been the
preference of the electorate and/or delegates.
“In particular, at the primary
election conducted by the 3rd respondent (APC) in 2014, to pick its
presidential candidate for the 2015 election, the 1st petitioner and
respondent, amongst others, were the candidates; and while the respondent
polled 3,430 votes, 1st petitioner came a distant third with 954 votes,” the
president stated in the process he filed before the Presidential Election
Petition Tribunal sitting in Abuja.
Buhari also questioned the powers
of the tribunal to nullify his election victory at the poll, contending that
the joint petition Atiku and the PDP entered against him was incompetent as it
was based on conjectures.
Insisting that reliefs the
petitioners are seeking from the tribunal were “vague, nebulous and lacking in
specificity”, argued that most of the issues and grounds of the petition were
not only “mutually exclusive”, but also outside the jurisdiction of the
tribunal.
He contended that by virtue of
section 31(5) and (6) of the Electoral Act, 2010, as amended, only the Federal
High Court or High Court of a State has jurisdiction to adjudicate on some the
issues, among which included the allegation that he was bereft of the requisite
educational qualification.
Buhari told the tribunal that
contrary to Atiku’s allegation, that he submitted false academic qualifications
in the Form CF001 he used to secure clearance from the Independent National
Electoral Commission (INEC), he said he was at the time of the election,
“eminently qualified to contest the election, having not only the minimum
qualification of reading up to secondary school level, but rose to the peak of
his career as a General in the Nigerian Army with cognate experience and
training.
“All information in the affidavit
submitted by the respondent for the purpose of his election to the office of
President of the Federal Republic of Nigeria is true and correct, to the best
of his information and knowledge”, he added.
Consequently, he maintained that
all paragraphs of the petition relating to or touching on his alleged non
possession of requisite educational qualification, “are liable to be struck
out”.
More so, he argued that the
alternative relief in the petition seeking a fresh election, was inconsistent
with relief 409(a), (b), (c), (d) and (e) of the same petition, saying, “thus,
all the reliefs in the petition are liable to be struck out.
“The entire reliefs are not
justiciable, as the petitioners who claim to have scored majority of lawful
votes in substantial number of States, are also questioning their own return in
those States; the petitioners cannot act as petitioners and respondents in the
same petition.
“By the petitioners’ pleadings,
they claim to have majority of votes cast at the election in Rivers State,
Bayelsa State, Akwa lbom State. Enugu State. Ebonyi State. Abin State Imo
State. Delta State. Cross River State, Edo State, Anambra State, 0ndo State,
Oyo State, Benue State, Plateau State, Adamawa State, Taraba State, and the
Federal Capital Territory, Abuja; yet, they seek an alternative and incongruous
relief that the presidential election of 23rd February, 2019, be nullified and
a fresh election ordered, without first praying for the nullification of
election in the States where they claim to have won.”
Similarly, he argued that all
portions of the petition relating to the use of Card Reader Device are liable
to be struck out, same being incompetent and not rooted in any existing
legislation.
He equally argued that every
aspect of the petition grounded on or relating to electronic data purportedly
retrieved or downloaded from INEC’s server, are also liable to be struck out,
“same being incompetent and not rooted in any existing legislation”.
“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”.
Buhari’s objection was filed
through his team of lawyers led by Chief Wole Olanipekun (SAN).
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