The Supreme Court will Friday list its reasons for dismissing the appeal filed by the presidential candidate of the
Peoples Democratic Party (PDP) in the February 23, 2019, presidential election, Alhaji Atiku Abubakar and his party challenging the election of President Muhammadu Buhari.
It would be recalled that a seven-member panel of Justices of the apex court, headed by the Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad had, on October 30 dismissed the 66-grounds of appeal filed by Atiku and his party challenging the judgement of the Presidential Election Petition Tribunal, which affirmed Buhari’s election victory for lacking in merit.
The CJN, who delivered the judgement held that, “Having examined all the briefs and exhibits in this matter, we all have agreed that there is no merit in this appeal.
“Appeal is hereby dismissed, reasons to be given on a date that would be announced”, the CJN stated.
A notice from the Supreme Court on Wednesday announced that, “The reasons for the judgment delivered on Wednesday the 30th day of October 2019 in the appeal, numbered, SC 1211/2019: Atiku Abubakar & anor V. INEC & 2 Ors. will be listed before the Supreme Court of Nigeria on Friday the 15th day of November, 2019 at 9.00am”.
Ibrahim Gold, a registrar of the apex court who issued the notice yesterday also urged counsel in the matter to note that, ” In accordance with the Supreme Court Rules, the notice is deemed sufficiently served on you if it is delivered on your telephone”.
Earlier, on November 30, after parties adopted their briefs, the court ruled that the appeal numbered, SC/1211/2019, which is the main appeal will be heard, instead of wasting the time of the court taking the six interlocutory appeals as judgement in the main appeal will take care of the interlocutory appeals, including the cross appeals.
Counsel to the appellants, Dr Livy Nzoukwu (SAN), while adopting the briefs filed on behalf of his client earlier, urged the court Supreme Court to reverse the judgement of the tribunal on their petition, on the ground that Buhari, the second respondent is not educationally qualified to contest the election.
Nzoukwu submitted that Buhari, who claimed to have secondary education, could not provide a testimonial from the secondary school where he claimed to have attended, not even a testimonial from the Officer Cadet.
On issue seven, Nzoukwu said INEC denied that it has no server, it did not call any evidence, where did INEC store card reader data, saying that INEC failed to establish where they stored card reader data and also PVC data.
He said Section 52 of the Electoral Act 2010 which INEC contended that electronic transmission of election results is prohibited had been amended and replaced by another provision in 2015.
But INEC, through its counsel, Yunus Ustaz Usman (SAN) told the court that the electoral body has no server and did not transmit election results electronically and added that Atiku and his party failed woefully to prove that they scored majority lawful votes cast at the election.
“Out of 191, 000 polling units in the federation, the appellants called only five polling units agents to prove that they scored the lawful majority votes cast at the election.
“By the requirements of the law, a polling agent must be called to testify in each of the polling units across the country. The failure to call witnesses from all the polling units is vital to the case of the appellants.
“On the issue of server, which they said we have, we don’t have server. Neither had the appellants proved that we have the particular server they have created in their mind after the election titled,
www.factsdontlie.com, through which they claimed election results were transmitted.
“Until the Electoral Act is amended. INEC doesn’t have the powers to transmit election results electronically”, the senior counsel submitted and prayed the court to dismiss the appeal with substantial cost.
Adopting the briefs of the President, Chief Wole Olanipekun (SAN), who represented him prayed the court to dismiss the appeal which he said, ought not to have been brought before the court
Olanipekun said explanations were given on the name ” Muhammadu” and Mohammed”, which one of the witnesses, who had been with Buhari for over 30 years told the court that there is no difference between the two names.
He said the constitution does not make it a requirement for candidate in an election to attach certificates to Form CF. 001, and added that Buhari attached all the necessary documents to the Form he submitted to INEC.
In his own submissions, counsel to the All Progressive Congress (APC), Lateef Fagbemi (SAN) said the petition of the appellants was innocent on the crucial averment in the difference of names of the second respondent and added that Buhari is qualified to contest the election.
After listening to submissions of counsel in the matter, the seven -member panel, comprising of Justices Bode Rhodes-Vivour, Olukayode Ariwoola, John Inyang Okoro, Aminu Sanusi, Ejembi Eko and Uwani Aba-Aji, with the CJN presiding held that the appeal lacked merit and consequently dismissed it.