President Buhari, APC urge tribunal to dismiss Atiku, PDP’s petition
The prayers formed the gamut of other requests contained in both Buhari and APC final addresses to be adopted on August 23 made available to News Agency of Nigeria on Sunday in Abuja.
The respondents had described Abubakar’s address that urged the tribunal to sack Buhari and affirm him (Abubakar) president, as a “wild goose chase prayer.”
They alleged that PDP erroneously allowed a candidate who was not a Nigerian by birth to contest the highest position, adding that such was an adventure that violated the provision of the Constitution.
The president and his party therefore prayed the tribunal to invoke Section 131 (a) of the constitution to dismiss the petition.
NAN reports that section 131 (a) of the constitution strictly holds that a person must be a citizen of Nigeria by birth to qualify to contest the office of the president.
They noted that Atiku was born on November 25, 1946 in Jada, a former Adamawa Province of Northern Cameroon before a plebiscite was conducted in 1961 that now made the enclave part of Nigeria.
The parties, therefore, alleged that Abubakar was not qualified to enter the contest as the constitution forbade him from canvassing for votes to become a president.
“We pray that the tribunal will see this constitutional reason and go ahead to uphold the election of the second respondent (Buhari) forthwith,’’ they prayed.
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On evidence admitted from the petitions, the two respondents said they were empty as none had substantially proven series of the allegations made against the conduct of the election.
They explained that none of the 75 witnesses and 31, 287 exhibits which included 48 video clips proved any of the petitioners’ allegations.
They said the petitioners had tried to mislead the tribunal and public that results from the election were transmitted electronically to a central server managed by the Independent National Electoral Commission.
The respondents noted that it was public knowledge that the Feb.23 general election was conduct with the Electoral Act of 2010 as amended.
They argued that most of the witnesses presented by the petitioners attested to the fact that they signed all the forms that contained the results of the election without coercion.
Buhari and APC therefore averred that such testimonies of truth from the petitioners’ witnesses further bestowed legitimacy on the outcome of the election.
On Buhari’s educational qualification, they said that the petitioners failed to adduce credible and reliable evidence to establish that he (Buhari) indeed forged his certificate.
Drawing reference from the constitution, the respondents defined secondary school certificate or its equivalent to mean: secondary school certificate or its equivalent, or Grade II Teacher’s certificate.
They listed others to include: City and Guides certificate or Education up to secondary school certificate level or Primary Six School Leaving Certificate or its equivalent and Service in the public or private sector in the Federation in any capacity acceptable to INEC for a minimum of 10 years.
NAN reports that the president, who contested the election on the platform of the APC, was announced winner having scored a total of 15 million votes as against Abubakar’s 11,262,978 votes.
NAN further reports that the Justice Mohammed Garba-led five man panel awaits the parties to adopt their final addresses on Aug.21 preparatory to judgment.
(NAN)
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