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Atiku Vs Buhari : Tribunal Begins Hearing Wednesday


Buhari, Atiku


ABUJA – The Presidential Election Petition Tribunal sitting in Abuja has fixed tomorrow (Wednesday) to commence pre-hearing session on four petitions that are seeking to invalidate President Muhammadu Buhari’s re-election. 


The petitioners are separately challenging the declaration of President Buhari as the legitimate winner of the February 23 presidential election. Vanguard learned that the tribunal has already issued pre-hearing notice on all the parties.
Basically, the session affords the tribunal the opportunity to meet the parties with a view to setting up modalities to be adopted in the actual hearing of substantive issues in dispute. Meantime, aside the petition marked CA/PEPC/002/2019, which was entered against Buhari by the Peoples Democratic Party, PDP, and its candidate, Atiku, on March 18, the second petition marked CA/ PEPC/001/2019, was by the presidential candidate of the Hope Democratic Party, HDP, Chief Ambrose Owuru who secured a total of 1,663 in the election.




 While the third petition, CA/PEPC/004/2019, was lodged by the presidential candidate of the Peoples Democratic Movement, PDM, Pastor Aminchi Habu, who is seeking a fresh election on the basis that his party’s logo was not included in the ballot paper. 




The last petition with suit No. CA/PEPC/003/2019, was filed by the Coalition For Change, C4C and its presidential candidate, Geff Chizee Ojinka, who are contending that Buhari’s re-election was vitiated by substantial non compliance with mandatory statutory provisions. 




The petitioners maintained that the irregularity substantially affected the election, “such that the 1st Respondent was not entitled to be returned as the Winner of the Presidential election”. Remarkably, unlike in all the other petitions where only Buhari, the APC and INEC were cited as Respondents, the C4C, which garnered a total of 2,391 votes at the presidential poll, cited the Vice President, Prof. Yemi Osinbajo, as the 2nd Respondent in its case. It will be recalled that the Independent National Electoral Commission, INEC, had on February 27, declared that Buhari garnered a total of 15,191,847 votes to defeat his closest rival, Alhaji Atiku Abubakar of the opposition PDP, who it said polled a total of 11,262,978 votes. 





However, Atiku had almost immediately the result was announced, vowed to upturn it in court. Specifically, in their joint petition, Atiku and his party, insisted that data they secured from INEC’s server, revealed that they clearly defeated President Buhari with over 1.6million votes. 



The petitioners alleged that INEC had at various stages of the presidential election, unlawful allocated votes to President Buhari, saying they would adduce oral and documentary evidence to show that result of the election as announced by the electoral body, did not represent the lawful valid votes cast Atiku alleged that in some states, INEC, deducted lawful votes that accrued to him, in its bid to ensure that Buhari was returned back to office. 



The petitioners said they would call evidence of statisticians, forensic examiners and finger-print experts at the hearing of the petition to establish that the scores credited to Buhari were not the product of actual votes validly cast at the polling units.




 “The Petitioners plead and shall rely on electronic video recordings, newspaper reports, photographs and photographic images of several infractions of the electoral process by the Respondents”, they added. More so, in one of the five grounds of the petition, Atiku and the PDP maintained that Buhari was not qualified to run for the office of the President, contending that he does not possess the constitutional minimum qualification of a school certificate. 




The petitioners serialised results that were recorded from each state of the federation in order to prove that the alleged fraudulent allocation of votes to Buhari and the APC, took place at the polling units, the ward collating centres, local government collating centres and the State collating centres. They argued that proper collation and summation of the presidential election results would show that contrary to what INEC declared, Atiku, garnered a total of 18,356,732 votes, ahead of Buhari who they said got a total of 16,741,430 votes.

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