THE Supreme Court on Friday insisted that President Muhammadu Buhari was eminently qualified to contest the February 23 presidential election.
The court also held that neither the constitution nor the Electoral Act required the respondent (Buhari) to attach copies of his certificates to INEC nomination form CF 001.
It said the issue of his qualification, which was the main objection in the appeal filed by the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, and his party was a constitutional issue.
The apex court stated this in its explanation of the reasons for its October 30 judgment which dismissed Atiku Abubakar and PDP’s appeal that challenged the judgment of the Court of Appeal.
In a unanimous judgment prepared by the Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad but read by Justice John Okoro, the Supreme Court said the qualifications for a person seeking to contest the position of the president of Nigeria were clearly stated in Section 131 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.
The court said President Buhari met the requirements stipulated in Section 131 (d) of the constitution that provides that an aspirant to the position of President should be educated to secondary school level or primary six and have served in the public service for 10 years and attended training, with ability to read and write in English Language and any other qualifications acceptable to the Independent National Electoral Commission (INEC).
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The court said Buhari’s primary school certificate, certified copy of his Cambridge certificate, certified copy of his West African School Certificate (WASC), his group photograph of Katsina Secondary School and commendation letter from the Commandant of United States War College for the then Major Muhammadu Buhari as well as his long service in public service, two years of which he served as military Head of State and four years as President had sufficed for the qualification requirement.
According to the apex court, an aspirant who possesses any of the qualifications stipulated in the section qualifies.
On the variation in the name between Mohamed Buhari as contained in the certificates and Muhammadu Buhari which he presently bears, the court agreed with the finding of the lower court that the names referred to same person and resolved issues one and two in favour of Buhari.
On issue three which dealt with whether Buhari scored the lawful votes cast at the election, the court also agreed with the findings of the lower court that the fact obtained from the website ‘www.fact don’t lie.ng’ could not be relied upon as it does not belong to INEC.
He said the lower court was right to have rejected the votes obtained from the website which formed the case of the appellants.
“I am satisfied with the findings of the lower court which did not attach any probative value on the evidences of PW 59 and PW 60. This issue is resolved in favour of the respondent,” Justice Muhammad said.
On issue four, that the election was not in compliance with the Electoral Act, the Supreme Court said that the appellants failed to call witnesses that actually witnessed the election
“The appellants only called five polling agents as witnesses across the country with over 250,000 polling units.
“The appellants also failed to tender the voter register. They tendered and dumped voluminous documents on court without calling the makers of the said documents to speak to the documents,” the CJN said.
He also found that the lower court was right not to have attached any probative value on the documents that was tendered from the bar, saying, “It is not the duty of the justices to speculate or fish out what the documents were all about.”
Justice Muhammad further held that from the totality of the evidence and exhibits, the appellants could not prove the allegation of corrupt practice and so the issue was also resolved against the appellants.
On issue five, which questioned the lower court’s admission of Buhari’s photocopies of examination results as an exhibits, when the lawyer, through which they were tendered was not the maker, the court said the documents were properly admitted and witnesses testified on them.
It was observed that the legal team for Atiku and his party boycotted the court session.
Dr Alex Izinyon (SAN), who led President Buhari’s defence team, had sought to know whether the court sent them hearing notice and Justice John Okoro confirmed that the appellants were served with the notice on Wednesday.
He urged the court to go ahead to give its reasons for the decision despite the absence of the appellants and their counsel and the court did that.
Meanwhile, opposition political parties in the country under the aegis of the Coalition of United Political Parties (CUPP) have expressed shock at the reason the Supreme Court gave for its verdict on the appeal filed by “the consensus opposition candidate,” Atiku.
In a statement made available to newsmen on Friday in Abuja by its spokesman, Ikenga Ugochinyere, the CUPP said the Supreme Court verdict and its justification had returned the country and the electoral process to “the dark era.”
The statement reads in part: “Our nation’s democracy and the electoral process have been set back to the dark ages. The constitution, Electoral Act and the Supreme Court had always been in agreement on the powers of the INEC to set guidelines and the need for the guidelines to be obeyed since the power to set such guidelines were constitutional, the Supreme Court has in the reasons given in the judgment by implication nullified the powers of INEC to make guidelines as the Form CF001 wherein a demand for producing credentials has been nullified by the court
“Indeed, the court has held that seeking the highest office in the land requires the least possible qualification in the land. How absurd?
“The judgment of the Court of Appeal was delivered on 11 September, 2019. The Supreme Court today, 15 November, 2019, gave reasons for its decision on 30 October, 2019.
“However, going by the judgment of the same Supreme Court delivered in the case of PDP V. ROCHAS OKOROCHA & ORS. (SC.17/2012) where the Supreme Court analysed the position of the law on giving the reasons outside the stipulated 60 days provided by the constitution, the judgment of the Supreme Court delivered today is null and void and of no effect.
“Today, 15 November, 2019, is the 64th day since the judgment of the Court of Appeal. How then can this be a valid judgment? In all their efforts, they could not still comply with the law.
“Interestingly, the current Chief Justice of Nigeria was on the panel in the case cited above and he agreed with it. Yet, today he has presided over the violation of the same position.”
“The Supreme Court has now, by this action today, rewritten the Constitution of the Federal Republic of Nigeria, 1999 as Amended.
“Nigerians are all aware when Justice Zainab Bulkachuwa failed and neglected to appoint a replacement into the Court of Appeal panel when she recused herself until our candidate’s lawyers complained about the delay and the injury it would occasion.
“Nigerians are also aware that our candidate and his party were also given only 10 days to call their witnesses to prove their case.
“Nigerians are aware that our candidate listed at least 400 witnesses but was only able to call 62 within the time allowed.
“Nigerians are also aware that even when INEC refused to summon any witnesses, our client applied to the court to be allowed to use the time allotted to INEC to call more witnesses, the Appeal Court refused to grant this extra time.
“The Supreme Court also refused this application for extra time. Hence it is strange that the Supreme Court will declare that our candidate would have needed to call at least 250, 000 witnesses to prove his case. Has this pronouncement not set the bar for the minimum number of witnesses needed to prove a presidential election in the Appeal Court?
“Can the Supreme Court look back soberly on the reasons it gave today just to keep a tyrant in office and be glad it delivered the judgment it did?”
The CUPP, while urging Nigerians to remain peaceful and law abiding, implored them to remain vigilant as they “wait out this affliction that has befallen a nation.”