Yar’Adua, Buhari, Atiku know fate on Tuesday


The Presidential Election Tribunal will on Tuesday, February 26, 2008 deliver judgment in the petitions by the Action Congress and All Nigeria People Party presidential candidates, Alhaji Atiku Abubakar and General Muhammadu Buhari (rtd).


Already, the court has sent out notices to the lawyers representing all the parties informing them of the date.

A source at the tribunal, who made this known in Abuja on Thursday, said the letters were sent to Buhari’s lead counsel, Chief Mike Ahamba(SAN), and to Abubakar’s lawyer, Prof. Babatunde Kasumu (SAN).

It was learnt that the notice to Kasumu was despatched through Ricky Tarfa’s Chambers in Abuja.

Another notice was sent to Chief Wole Olanipekun(SAN), counsel to the President.

The court closed hearing in the two petitions on February 5, 2008 and reserved judgment indefinitely, after all the parties had argued their respective cases.

Abubakar had in his petition asked the tribunal to hold that the April 21, 2007 presidential election was invalid because he was unlawfully excluded after he was validly nominated by the AC as its candidate. He, therefore, said the election should be nullified.

Alhaji Umaru Musa Yar’Adua who was returned as the President based on the election was not duly elected (or returned);

That the said election was invalid for non-compliance with the provisions of the Electoral Act 2006, which non-compliance had substantially affected the result of the election;

That the said election be invalidated or annulled by reason of widespread corrupt practices;

That a fresh election be conducted into the office of the President, in accordance with Section 147 of the Electoral Act, 2006 at which he should be accorded full and unimpeded right to contest as a validly nominated candidate of the AC;

That officials of the Independent National Electoral Commission who directly and negligently mis-conducted the said poll in contravention of the provision of the Electoral Act be recommended for prosecution by the Attorney-General of the Federation and Minister of Justice, pursuant to Section 157 of the Act; and

That the said officials be prohibited from participating in the conduct of the fresh election which may be ordered in consequence of his petition.

Buhari is also seeking the nullification of the poll on the grounds that it was marred by widespread rigging, malpractice and violence.

The former Head of State also alleged that Yar’Adua did not score the highest number of votes cast.

He further claimed that the President did not qualify to contest the poll having been indicted by a panel set up by the Abia State Government.

Before reserving judgment in the petitions, the court had ruled that it was too late for Abubakar to tender the report of the 2007 general elections to support his claim that ballot papers for the poll were printed in South Africa.

Kasumu had expressed dissatisfaction with the answers given by the INEC Chairman, Prof. Maurice Iwu, to the interrogatories served on him.

He had sought to counter the answers with the report of the election, but the chairman of the tribunal, Justice James Ogebe, dismissed the objection on the grounds that he (Kasumu) was out of time.

Kasumu presented Delivery Notes from the Nigerian Security Printing and Minting Company showing that ballot papers were delivered six weeks after the election.

INEC officials signed the delivery, thereby admitting that they collected the ballot papers on June 1, 2007.

He also presented a copy of the directive by Iwu to the NSPMC that the ballot papers for the presidential election should not contain serial numbers as against the provisions of the Electoral Act 2006.

Iwu had also directed in the same document that the ballot papers should not contain the names and pictures of candidates in the election.

Besides, Kasumu told the tribunal that the result of the elections was announced on April 23, 2007 when only results from 13 states had just been collated.

He also told the tribunal that it was not the INEC chairman that collated the result of the presidential election as prescribed by law.

After all parties had adopted and argued their final addresses, Ogebe said that judgment would be given on a date to be communicated to the parties.

Counsel to INEC, Chief Kanu Agabi (SAN), had also told the court that Buhari’s petition could not stand because the ANPP and his running-mate, Chief Edwin Umeze-Oke, had withdrawn from the petition.

Agabi argued that the petition was filed in respect of only four states out of the 36 states and the Federal Capital Territory.

He added that there were no witness depositions in the petition in respect of 31 states.

In his argument, Olanipekun said that the witnesses in the petition were mainly from Imo State.

He said that the witnesses did not give a vivid account of what happened in other states.

On the indictment of Yar’Adua by the government of Abia State, Olanipekun said the indictment was not certified.

He urged the court to dismiss the petition.

Ahamba, in his reply to Agabi’s and Olanipekun’s arguments, said that he complained about the conduct of the election in the 36 states and not just in a few states.

He said the main issue of the case before the court was whether the results of the election were arbitrarily assigned or whether they arose from the elections conducted by INEC.

Ahamba said the results were arbitrarily assigned without election.

He said, “Where a final result manifests inconsistencies in 28 states out of 36 states, the election cannot stand. The two results released by INEC in the election are totally inconsistent.

“There are results written on the April 31, 2007, which is not on INEC calendar. There are also other results dated on other dates. On the White Paper issued by the Abia State government, I submit that this court has no power to look into it. This court has no jurisdiction to look into it. There has been no court judgment setting it aside.

“INEC has offered no explanation for the inconsistencies recorded in their documents before this court. I urge this court to allow our petition because the election was badly conducted.”

In his argument against the petition of Abubakar, Olanipekun said no person had complained of being disenfranchised, adding that no single used ballot paper has been tendered to show how ballot papers were arbitrarily thumb-printed.

He said, “No single snatched ballot box has been tendered. AC’s name and logo are on the specimen of the ballot papers. The petitioner knew election would hold and it took place.

“The petitioner scored 100 per cent in Lagos and did not challenge it. They are challenging the election where Yar’Adua won almost 100 per cent. Abubakar wants the election to be decided on the whims, caprices and sentiments of the observers.”


With the story so far, Are we in support of nullification of the April 27th, 2007 Presiential election.

Well, Choicehome, am sure U simply posted this to get some feedback from the forum, cos the facts are so clear, regardless of all the political and grammatical undertones, Am certain that the judiciary will deliver again. the presidential election will be annuled.

AlfaPrime:

Well, Choicehome, am sure You simply posted this to get some feedback from the forum, because the facts are so clear, regardless of all the political and grammatical undertones, Am certain that the judiciary will deliver again. the presidential election will be annuled.

What do you and other Nigerians gain from an annulment?? Compare that to what you potentially loose.

there is no point in the annulfication, it just slows our progress wen we have to plan for another swearin in