- Presidential tribunal dismisses PDP, Atiku’s petition …See other key rulings of the tribunal
The Presidential Election Petitions Tribunal, PEPT has dismissed the petition by Atiku Abubakar and the Peoples Democratic Party, PDP challenging the election of President Muhammadu Buhari of the All Progressives Congress (APC).
The court held, in the lead judgment by Justice Mohammed Garba, which has been supported by three of the five Justices of the tribunal so far, held that the petitiioners failed to prove their case.
The court pronounced that; “This petition is accordingly, and hereby dismissed in its entirety.”
Earlier, the five-man panel of justices led by Garba Mohammed had made key rulings.
1. Tribunal dismisses INEC’s motion asking VP Osinbajo to be joined in the petition
Tribunal unanimously dismissed INEC’s motion asking Vice President Osinbajo to be joined in the petition, ruling that a vice presidential candidate is not a necessary party in an election petition but an appendage of the presidential candidate who nominated him
2. INEC’s motion on Atiku’s lead counsel, Livy Uzoukwu, dismissed
Tribunal dismisses INEC’s motion arguing that Atiku’s lead counsel, Livy Uzoukwu, is not a legal practitioner called to the Nigerian Bar
3. Tribunal strikes out INEC’s request to dismiss Atiku’s prayer seeking Buhari’s disqualification
Tribunal refuses INEC’s request to dismiss Atiku’s prayer seeking Buhari’s disqualification on the ground that he was not qualified to contest the election
4. Tribunal strikes out Atiku’s application on police and military interference, harassment and intimidation
Ruling on the allegations of police and military interference, harassment and intimidation and ballot stuffing among others, filed by Atiku, the tribunal struck out the application for non-joinder of the parties who have been accused
5. Tribunal dismisses Buhari’s application that Atiku was not qualified to file petition
Tribunal dismissed President Buhari’s application that Atiku was not qualified to file the petition challenging his election, ruling that Atiku is qualified to filed the petition
6. Tribunal dismisses Atiku’s application on vote-buying
Tribunal dismissed Atiku’s application accusing Vice President Yemi Osinbajo of inducing voters with the TraderMoni scheme, ruling that it does not have jurisdiction over the matter. The tribunal also noted that Osinbajo was not a party in the suit and, therefore, dismissed the application in favour of President Buhari.
7. Tribunal strikes APC’s argument that Atiku is not qualified to contest because he is not a Nigerian by birth
Tribunal struck out APC’s argument that Atiku was not qualified to contest the last presidential election because he is allegedly not a Nigerian by birth.
It ruled that its power does not include determining the qualification of a petitioner in an election dispute, adding that its powers was to determine whether a person elected to the office of the president was validly elected and not to query the qualification of the petitioners to have contested the election, whose outcome was being queried.
The court said the APC ought to have filed a cross-petition if it sought to challenge Atiku’s qualification to have contested the election.
8. Tribunal strikes out Atiku’s application on Buhari’s educational qualifications
The tribunal has ruled that Buhari was educationally qualified to contest for president. The court in its ruling also said that one’s ability to read, write, and communicate in English is seen in law as being equivalent to School Certificate level.
9. Tribunal rules there is no evidence that INEC transmitted election results electronically to any server
The tribunal has declared that there is no evidence that INEC transmitted the results of the last presidential election electronically to any server.
It held that the petitioners failed to prove the existence of an INEC server or that the electoral commission transmitted results electronically, adding there is no law in place in Nigeria that allows electronic transmission of results or the transmission of result using card reader.