Olisa Agbakoba, a Senior Advocate of Nigeria, SAN, has explained why the Peoples Democratic Party, PDP, and its presidential candidate, Alhaji Atiku Abubakar, may lose in court.

Agbakoba, a former President of the Nigerian Bar Association, NBA, said at this stage, Atiku should assume the role of a statesman instead of going to court.

The senior lawyer pointed out that it would be difficult for the PDP to prove that the votes in the South-East were reduced and to identify whether INEC or APC was responsible.

In an interview with Vanguard, Agbakoba insisted that there is a lot Atiku can do even though he is not the President instead of going to court.

He explained, “I feel that going to court will not necessarily prove that the election was marred by massive irregularities.

“I feel that the stage Abubakar Atiku has attained now is a national one. And having garnered 12 million votes, I feel that, against all odds, the side of irregularities that came out of the election predicts more to the weak electoral processes that we have.

“I should advise that former Vice President Atiku Abubakar moves into the position of a statesman and leaves a legacy by assisting the civil society, the small parties and the PDP in reconstructing Nigeria on the question of a strong electoral system and the question of a strong legal system.

“There’s a lot Atiku can do even though he is not the President.

“At 74, 73 or 72 years of age, I feel that this should be his last chance. And more so, what will the petition’s outcome be?

“Petitions are based on two types of issues. One is the electoral malpractice.

“The other is a tactical issue. From what I can see, the petition will be based on electoral malpractice.

“This is an extremely difficult thing to say. How do you prove that the votes in the South-East were reduced and who is responsible? INEC? APC?

“I would rather say Atiku should maintain the status quo of a statesman than descend into the arena of the court of law. The court of law is too small today.

“The national court is a bigger space that I personally feel Atiku should be favoured.

“And given the fact that it is not as strong as it should, I think Atiku should play a very strong role to build a political structure that will solve issues.

“Even the whole party, PDP, needs to reform, rebrand and reposition for 2023, so that a young vibrant President from the North or South or from anywhere in the country can be promoted.

“I think that should be Atiku’s legacy, and not to contest the outcome of the election in court.”

http://dailypost.ng/2019/03/03/atiku-cant-prove-case-court-agbakoba/

When I hear that PDP and Atiku are going to Court to reclaim what they called their "stole mandate" I laugh because I know they would get nothing at the end of the day. I say this because of the following reasons

1. Atiku and his PDP party act as if they don't know how much they have destroyed our present day courts and laws that would Infact make it difficult for them now to get anything from the same Court. In attempt to ensure that some PDP governors maintained their positions in the past the PDP made laws that made it impossible to get victory at the Court. Even the Supreme Court also made pronouncements that makes it difficult for you to prove anything in court no matter the evidence you have.

2. In the court, most of the PDP'S allegations will revolve around "infractions and Substantial non compliance". These allegations are always criminal in nature of which the PDP must prove beyond reasonable doubt and this is where the problem lies.

3. Proving beyond reasonable doubt is the most difficult thing to do even with the so called high tech/HD video evidence they claim to have because to even tender the said videos is another problem on its own. If finally the video evidence is allowed the production of the said video will become another issue.

According to latest Supreme Court judgement one person cannot tender several videos taken in various places at same time. The reason is because you can only be at one place at a time. Hence if you have 1000 of such videos it therefore means that the 1000 persons who recorded the said video would give evidence. Assuming they succeed in giving evidence the next issue will be wether the evidence from 1000 polling units can affect the result of over 140,000 polling units in Nigeria?

3. In the case of rigging as PDP is alleging, this also according to Supreme court judgement must be proved polling unit by polling unit and this is where the problem of PDP will begin since we have over 140,000 polling units in Nigeria.

4. Finally if the PDP have bothered to read the Supreme Court judgement in the following cases

* Wike vs Peterside
* Udom Emmanuel vs Umana Umana
* Okezie Ikpeazu vs Alex Otti

Then they would know that they are on a wild goose chase because it will be easier for the camel to pass through the eye of the needle than for the PDP or Atiku to prove infractions and substantial non compliance in the court so as to recover their supposedly stolen mandate.

They will soon come for Agbakobas head and start calling him names, just because He is not saying what they wanted to hear.

Nobody should beg Atiku. He should go to court as proposed. It is in the interest of the APC. Atiku will lose in court and all talk about rigging will be closed. The court victory will further confer legitimacy on Buhari’s victory while Atiku and PDP’s reputation as sore losers will be affirmed.

It's self evident that Atiku would reclaim the stolen mandate bestowed on him by the people with all the glaring evidences. The judiciary would look stupid before facts,figures and evidences gathered with cutting edge technology as buhari's men were caught on camera perpetuating electoral fraud against democracy.

Only if they can stop the people's president before he gets to court.

Chubhie:
It's self evident that Atiku would reclaim the stolen mandate bestowed on him by the people with all the glaring evidences. The judiciary would look stupid before facts,figures and evidences gathered with cutting edge technology as buhari's men were caught on camera perpetuating electoral fraud against democracy.

Only if they can stop the people's president before he gets to court.

The same way Umana Umana's legal team proved that Udoms election in 2015 was fraud untill to be told otherwise by the Supreme Court? APC will. Simply submit 'a no case submission' and the court will rule in their favour. (as Saraki did, as Udom did)

Why are they trying so hard to stop him from going to court. Is there something we don't know?

Well, it is an assumption on the part of Agbakoba.... he has not seen the evidence,we dont know what Atiku know

You pipo should leave Atiku alone.

He didn't ask for anyone's suggestions whether he should go to court or not.

Not a day passes without seeing an Atiku Court advise thread on fp. HabA!

Why are these people like this na? Let him go and come back. He will meet us there just the way he met us at the polls

kahal29:
When I hear that PDP and Atiku are going to Court to reclaim what they called their "stole mandate" I laugh because I know they would get nothing at the end of the day. I say this because of the following reasons.

Given that one seldom learns anything new about the way the system works from NL these days, your contribution is most welcome.

Agbakoba is not serious. Atiku should go to court and reclaim his stolen mandate and re install saraki as the senate president. Kwankwaso (kwankasiyya)the owner of kano will get a juicy appointment too..what am I saying self?

Who is this Agbakoba self why do you be an enemy of achievement /progress to judiciary and lawyers Politicians took their own ,fake pastors / Imams took theirs,Nigerians took theirs ,priest ,Witches and Babalawo took theirs even Nairaland wailers took theirs.why are you now disturbing the last beneficiaries ?? It is not good oooo .sorry there is God oooooooo.

This man will continue to waste his dollars, na money dey scratch am for hand,look at Atiku talking about rigging when his PARTY PDP na riggers personified party,he don forget say the other CJN had been removed, abi he still think say na their corrupt CJN still dey in charge?

If Atiku were to be a retired military general insisting he wants to go to court nobody will bother to stop him because we all know for certain generals are not full democrat yet and lacks knowledge of civil laws but decrees.
Atiku haven been a two termed vice president of Nigeria, flew the presidential flags of more than two parties in the past can be considered at best a full blown democrat. Hillary Clinton was a democrat and a lawyer but for the sake of her nation and the democratic institutions she had to let go in the controversial US Trump vs Hillary presidential election.
Before now, Atiku's reputation hasn't amounted to anything. Accepting his loss would have been the best opportunity for him to attain national and global recognition and respect. Going to court will further diminish his reputation and esteem. It's like failing to claim victory in defeat.
He has embarked on another wasteful venture. Only his lawyers will keep smiling to the bank.
All the best for Nigeria.

deji68:
Well, it is an assumption on the part of Agbakoba.... he has not seen the evidence,we dont know what Atiku know

We are in Nigeria where everybody is corrupt. They both have evidence of rigging. It is high time Nigerians know that these people don't deserve our support. We need to fight them,we own the power. Being on the side of any of the two parties make us more stupid day by day.

Well, i agree both parties ar corrupt...but i stlll believe going to court will help strengthen our democracy and help us block all the loopholes so that in future our votes count.... win win for us

emerged01:


We are in Nigeria where everybody is corrupt. They both have evidence of rigging. It is high time Nigerians know that these people don't deserve our support. We need to fight them,we own the power. Being on the side of any of the two parties make us more stupid day by day.

Atiku going to court will help our democracy and strengthen our electoral laws! Nigerians and our usual DOCILE nature are saying he should not bother going to court! Why are we happy being oppressed?

Chubhie:
It's self evident that Atiku would reclaim the stolen mandate bestowed on him by the people with all the glaring evidences. The judiciary would look stupid before facts,figures and evidences gathered with cutting edge technology as buhari's men were caught on camera perpetuating electoral fraud against democracy.

Only if they can stop the people's president before he gets to court.

Cool story for children to enjoy as tales by moon light.
Consolation for Pdp social media warriors

There MORE THAN 250 tribes in nigeria , yet only lgbo hate filled thread fill the pages of nairaland, what happened to the remaining 299 tribes. Igbos pls use your brain, nairaland thrives on lgbo bashing
You can put an end to it operation silent treatment has begun. No more responding to any lgbo hate filled thread
When they have no one to argue with such thread will die naturally
Nairaland needs lgbo bashing to survive, lgbos dont need nairaland comment to survive
Operation silent treatment has begun. Spread the word

GOD BLESS THE GREAT IGBO RACE....

I guess Atiku and PDP are just trying to buy time, they willnt go to court,
If they announce accepting defeat now, it will affect the gubernatorial election that will be coming up in different state by nextweek.
After the election, Atiku and PDP will find one grammar to explain there reason of not continue with there court plan, just like what happen when fayose defeat fayemi in ekiti 2014.
Watch out for the excuse they will give for not continue with there threat again after gubernatorial election next week

Shutting this man up every time is not good naw

I do not believe that Agbakoba, a lawyer and a SAN for that matter is talking like this. Has he seen the evidence that PDP say they have?

kahal29:
When I hear that PDP and Atiku are going to Court to reclaim what they called their "stole mandate" I laugh because I know they would get nothing at the end of the day. I say this because of the following reasons

1. Atiku and his PDP party act as if they don't know how much they have destroyed our present day courts and laws that would Infact make it difficult for them now to get anything from the same Court. In attempt to ensure that some PDP governors maintained their positions in the past the PDP made laws that made it impossible to get victory at the Court. Even the Supreme Court also made pronouncements that makes it difficult for you to prove anything in court no matter the evidence you have.

2. In the court, most of the PDP'S allegations will revolve around "infractions and Substantial non compliance". These allegations are always criminal in nature of which the PDP must prove beyond reasonable doubt and this is where the problem lies.

3. Proving beyond reasonable doubt is the most difficult thing to do even with the so called high tech/HD video evidence they claim to have because to even tender the said videos is another problem on its own. If finally the video evidence is allowed the production of the said video will become another issue.

According to latest Supreme Court judgement one person cannot tender several videos taken in various places at same time. The reason is because you can only be at one place at a time. Hence if you have 1000 of such videos it therefore means that the 1000 persons who recorded the said video would give evidence. Assuming they succeed in giving evidence the next issue will be wether the evidence from 1000 polling units can affect the result of over 140,000 polling units in Nigeria?

3. In the case of rigging as PDP is alleging, this also according to Supreme court judgement must be proved polling unit by polling unit and this is where the problem of PDP will begin since we have over 140,000 polling units in Nigeria.

4. Finally if the PDP have bothered to read the Supreme Court judgement in the following cases

* Wike vs Peterside
* Udom Emmanuel vs Umana Umana
* Okezie Ikpeazu vs Alex Otti

Then they would know that they are on a wild goose chase because it will be easier for the camel to pass through the eye of the needle than for the PDP or Atiku to prove infractions and substantial non compliance in the court so as to recover their supposedly stolen mandate.

Good thinking, kahal29; thanks for posting.

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PFRB:
I do not believe that Agbakoba, a lawyer and a SAN for that matter is talking like this. Has he seen the evidence that PDP say they have?

He doesn't need to see the evidence before knows that he will loose.

PFRB:
I do not believe that Agbakoba, a lawyer and a SAN for that matter is talking like this. Has he seen the evidence that PDP say they have?

Agbakoba has seen more evidence in his professional life than the PDP would ever be able to present in court or anywhere, and he said that much already.

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P34c3
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duwdu:


Agbakoba has seen more evidence in his professional life than the PDP would ever be able to present in court or anywhere, and he said that much already.

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P34c3
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I concur

Everyone now is a suspect.