Tetehjewels:
Chapter VI, Part I, Section 131 of the 1999 Constitution states "that a person may be qualified for election of the office of the President if:

They are a citizen of Nigeria by birth."

Atiku is not qualified to be President of Nigeria because he is not a citizen of Nigeria by birth. He does not have locus standi to sue INEC and Buhari because he is not a Nigerian citizen by birth.


Atiku became a Nigerian by referendum at the age of 15. He was born a Cameroonian - Undisputable Fact.

Premuim Times has confirmed that at the time Atiku was born, his area known as Jada, his tribe, Chamba were part of Northern Cameroon. This may have explained why he may have had Cameroon inscribed on his body as alleged by Nnamdi Kanu. Premium Times noted that his area of Northern Cameroon voted in a referendum to be part of Nigeria in 1961. This means that Atiku was Cameroonian for the first 15 years of his life but became a Nigerian after the 1961 referendum.

Section 25 of the 1999 constitution outlines what citizenship by birth means and provides:
the "following persons are citizens of Nigeria by birth-namely-

(a) every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria;

Provided that a person shall not become a citizen of Nigeria by virtue of this section if neither of his parents nor any of his grandparents was born in Nigeria.

(b) every person born in Nigeria after the date of independence either of whose parents or any of whose grandparents is a citizen of Nigeria; and

(c) every person born outside Nigeria either of whose parents is a citizen of Nigeria.

(2) In this section, "the date of independence" means the 1st day of October 1960."

Atiku was not born after the date of Independence. Atiku was born in 1946. None of Atiku's parents or grand-parents were citizens of Nigeria in 1960 or in 1946 when he was born. None of Atiku's parents or grandparents were born in Nigeria. Atiku is therefore not a citizen of Nigeria by birth as required by the constitution. Not being a citizen of Nigeria by birth, Atiku should not have been cleared by INEC to run for the office of President of Nigeria.

Nobody says Atiku is not a Nigerian now. The cogent point about his eligibility to contest to be president of Nigeria is that he was not born a Nigerian. i.e.He wasn't Nigerian at birth as required by the Constitution! He became a Nigerian in 1961 after a referendum added his birthplace that was part of Cameroon to Nigeria at age 15, having been born in 1946.

The constitution is very clear on who can be president of Nigeria. The person has to be 100% a Nigerian at birrh.

You cannot backdate the referendum of 1961 that made Atiku become a Nigerian to the date of his birth in 1946. However, all Nigerians born in that his birthplace since 1961 referendum are fully and wholly Nigerians who are qualified to be president of Nigeria, but not anyone of them born before the referendum.

Summarily; Atiku Abubakar is fully a Nigerian but not qualified to be president of the country.
His case is similar to what the Republicans wanted to use to nullify Obama's presidency, until he provided his birth certificate that showed he was born in Hawaii, on US soil. Unfortunately, Atiku wasn't born on Nigerian soil as at the day he was born.

Mynd44, lalasticlala, Oam4j can we get more legal interpretations from the front page please?

I am sorry for quoting the whole thing. Your argument are baseless on two grounds:

1. Section 25 only applies to those who were given birth to before 1999. To make it easier, if you are not born in Nigeria after 1999, you are not qualified to contest election.

Reasons: Section 36(eight) of the same constitution confers retrospective jurisdiction on all Nigerian laws. You can not use a law that was enacted in 1999 to adjudicate on a matter that happened in 1961.

The jurisdiction of our present constitution starts from 1999.

ICC couldn't prosecute OBJ and Gowon because it was established in 2000 and doesn't have jurisdiction to entertain crimes committed before 2000.

2. Issue of Atiku's qualification is a pre-election matter and Supreme court has already ruled in Onyema vs T.A Orji (2007) and Darius vs Mama Taraba (2015) that Tribunal does not consider eligibility but outcome of election.

Don't forget Osun Tribunal struck out APC's claim that Adeleke is not qualified to be candidate because he doesn't possess certificate.

Pre-election matter remains pre-election matter. In fact, in Darius vs Mama Taraba, the Supreme court rules that a party doesn't have the power to challenge the eligibility of a candidate from another party.

It is purely internal party affairs.

Summary: Section 25 doesn't apply to Atiku because of Section 36.

APC's claim lacks competence because it is a pre-election matter.

hmm

Yyeske:
Don't mind that one, I've been trying educate him on other threads that the issue in contention is about his eligibility for president and not his citizenship, thanks for educating him again.

Shame nodey catch you, Nnamdi Kanu words is now what you are defending with last drop of your blood, tufiaaaaaaaaassaaaaaaaaaa.

ChristianNorth:

I am sorry for quoting the whole thing. Your argument are baseless on two grounds:

1. Section 25 only applies to those who were given birth to before 1999. To make it easier, if you are not born in Nigeria after 1999, you are not qualified to contest election.

Reasons: Section 36(eight) of the same constitution confers retrospective jurisdiction on all Nigerian laws. You can not use a law that was enacted in 1999 to adjudicate on a matter that happened in 1961.

The jurisdiction of our present constitution starts from 1999.

ICC couldn't prosecute OBJ and Gowon because it was established in 2000 and doesn't have jurisdiction to entertain crimes committed before 2000.

2. Issue of Atiku's qualification is a pre-election matter and Supreme court has already ruled in Onyema vs T.A Orji (2007) and Darius vs Mama Taraba (2015) that Tribunal does not consider eligibility but outcome of election.

Don't forget Osun Tribunal struck out APC's claim that Adeleke is not qualified to be candidate because he doesn't possess certificate.

Pre-election matter remains pre-election matter. In fact, in Darius vs Mama Taraba, the Supreme court rules that a party doesn't have the power to challenge the eligibility of a candidate from another party.

It is purely internal party affairs.

Summary: Section 25 doesn't apply to Atiku because of Section 36.

APC's claim lacks competence because it is a pre-election matter.

You also indicted yourself.that means the tribunal also does not have the jurisdiction to rule on buhari's qualification and the school he attended which is a draw game.atiku will now be left with the rigging allegations which you clearly have no faith in.you once said no lawyer can prove rigging and you mostly dwell on buhari certificate.therefore atiku petition has failed.
Finally,the defence team still has a card left which is whether atiku lawyer is licensed in nigeria or not.am sure there are more counter claims still filed but unknown.atiku petition will either be struck out due to technicalities or will suffer due to time wastage.drop this atiku wahala once and for all

Odingo1:

Shame nodey catch you, Nnamdi Kanu words is now what you are defending with last drop of your blood, tufiaaaaaaaaassaaaaaaaaaa.

E pain am, case is in court so go defend Atiku

Obasanjo already said it in his book "MY WATCH"

“…What I did not know, which came up glaringly later, was his parental background which was somewhat shadowy, his propensity to corruption, his tendency to disloyalty, his inability to stay and stick to the truth all the time, a propensity for poor judgment, his belief and reliance on marabouts, his lack of transparency. His trust in money to buy his way out on all issues and his readiness to sacrifice morality, integrity, propriety truth and national interest for self and selfish interest”.

Excerpt 1: “…his parental background which was somewhat shadowy” – Obasanjo put it out clearly here that Atiku’s parental background is unreal and illusionary, that means he has a poor upbringing. A poor upbringing for a growing child will affect his/her moral system in adulthood, it will therefore be disastrous for Nigerians to have such person as President.



Excerpt 2: “…his propensity to corruption” – Corruption simply means the perversion of morality and integrity. Corruption is the foundational reason for Nigeria’s most suffered woes, it is the reason for inequality, bad/inadequate infrastructure, unemployment, crisis/war, poor investment, poverty etc.

Can a personality who is described with this trait be trusted as President to wield all executive powers? Having a President with this kind of trait will only frustrate the corruption fight of the incumbent President Muhammadu Buhari administration.



The popularly alleged flying of dollars during the primary election that produced Atiku Abubakar as People’s Democratic Party (PDP) presidential candidate is an affirmation of how corrupt he is.

Excerpt 3: “…his tendency to disloyalty” – Atiku has false attitudes against his obligations and allegiances as Vice President according to Obasanjo, such disloyal President will be lagging in fulfilling the obligation of protecting the lives and properties of the citizens

Hahaha hahaha hahaha hahaha hahaha
APC makes me laugh in Hausa, Igbo and Yoruba,
Tribunal does not consider eligibility but outcome of election.

They should have filed for disqualification prior to election and not after the election.

INEC had already qualified the man and it's too late now

HisSexcellency:

So buhari is a citizen by birth right?
E go clear for una eyes soon, support your party with your sense and don't make a fool of your self.
Political parties come and go, but Nigeria remains whatever we make of it.

bla bla pls let your comments be meaningful or stop comments on

Tetehjewels:


This is totally not in line with the OP. This is not about referendum but about eligibility. Its a technicality in our constitution that is very profound and it easily exposes Atiku as not being eligible to be President. The specifics in our constitution was exact when it focused on President alone in this regard.

the APC govt has practically dragged referendum into the matter o

gidgiddy:
What surprised me is that the APC suddenly now know what referendum is because of the Atiku's issue. But if Nnamdi Kanu talks about referendum they will stat shouting "treason!"

which country will you like to join?
Nigeria or Cameroon.
that is what happen in case of jada, they decided to Port to Nigeria.

tuniski:

Atiku is full blooded nigerian even more than buhari.

is like you don't understand simple English,
al cameroon thief atiku is a full blooded Nigeria than you and i, but he cant contest for president.

Well I won't abuse or call any of you names but I would only refer you to Barrack Obama's case. Hawaii wasn't part of the US when Obama was born there but after Hawaii became a US state, automatically he was qualified. You can check this facts. This Atiku nonsense is just a waste of courts time. It only shows same problems we've been having with our lawyers. They are too dumb and lazy to argue in court and be innovative and would rather resort to lame excuses which of course won't fly but just to buy time...Nonsensical nonsense.

buhariguy:
is like you don't understand simple English,
al cameroon thief atiku is a full blooded Nigeria than you and i, but he cant contest for president.

It is you that doesn't get it. Full blooded nigerian means by any and all conditions!

tuniski:

It is you that doesn't get it. Full blooded nigerian means by any and conditions!

You lack the depths of understanding required to analyze issues of this nature so park your shallow reasoning to one side

callthefred:
Well I won't abuse or call any of you names but I would only refer you to Barrack Obama's case. Hawaii wasn't part of the US when Obama was born there but after Hawaii became a US state, automatically he was qualified. You can check this facts. This Atiku nonsense is just a waste of courts time. It only shows same problems we've been having with our lawyers. They are too dumb and lazy to argue in court and be innovative and would rather resort to lame excuses which of course won't fly but just to buy time...Nonsensical nonsense.

Young man shut up. Obama is 57 years old. Hawaii became a territory of USA in 1898. Hawaii was already a territory of USA when Obama was born there.

A lot of you lack intelligence and just type nonsense.

President Dwight D. Eisenhower was the one who officially signed and admitted Hawaii into Usa as the 50th state in 1959. Check when Eisenhower was President.

That was 60 years ago and Obama is now 57. This means Obama was born in Hawaii AFTER it was officially admitted to be a part of USA.

PDP supporters no get sense at all

Tetehjewels:


You lack the depths of understanding required to analyze issues of this nature so park your shallow reasoning to one side

Childish

tuniski:

Childish

Still doesn't change the fact that You lack the depths of understanding required to analyze issues of this nature

Tetehjewels:


Still doesn't change the fact that You lack the depths of understanding required to analyze issues of this nature

Lazy brain

Tetehjewels:


Young man shut up. Obama is 57 years old. Hawaii became a territory of USA in 1898. Hawaii was already a territory of USA when Obama was born there.

A lot of you lack intelligence and just type nonsense.

President Dwight D. Eisenhower was the one who officially signed and admitted Hawaii into Usa as the 50th state in 1959. Check when Eisenhower was President.

That was 60 years ago and Obama is now 57. This means Obama was born in Hawaii AFTER it was officially admitted to be a part of USA.

PDP supporters no get sense at all

Very good punch from you, kudos

Tetehjewels:


You are clearly delusional

Sorry I don't talk back to fools like you.

daveson2020:

Sorry I don't talk back to fools like you.

I am sure when you looked in your mirror this morning you saw a fool

garfield1:

You also indicted yourself.that means the tribunal also does not have the jurisdiction to rule on buhari's qualification and the school he attended which is a draw game.

I have said this before and I am saying it again, the tribunal has no jurisdiction to entertain eligibility issue. It is a pre-election matter.

garfield1:

atiku will now be left with the rigging allegations which you clearly have no faith in.you once said no lawyer can prove rigging and you mostly dwell on buhari certificate.therefore atiku petition has failed.

No legal team has the resources to prove rigging PU by PU and Atiku is not depending on his mere 400 witnesses to prove that.

Atiku's petition is not on Buhari's certificate. That case is in another court. It is on lying under oath. The school is claimed to have attended were not in existence as of the time he claimed to have attended them thereby lying under oath.

We are seeking for his disqualification based on perjury. It is left for your legal team to prove that this is a pre-election matter.

garfield1:

Finally,the defence team still has a card left which is whether atiku lawyer is licensed in nigeria or not.

Atiku's lawyer has been practicing in Nigeria since ages so this claim is incompetent. I believe they meant, has not paid his annual practicing fees which is N50, 000 for SAN.

All Atiku's lawyer needs is a receipt showing that he paid before 31st March. No it is left for you guys to prove that receipt is fake.

Again, you guys forgot that the said petitions were filed jointly by Atiku/PDP. So it can't be dismissed.

Stupid move by APC.

garfield1:

am sure there are more counter claims still filed but unknown.

No it would be known. Tribunal is a court of record if you understand what that means. Proceedings are properly documented.

Again, copies of the petitions were served to APC while their defences served to PDP.

garfield1:

Atiku petition will either be struck out due to technicalities or will suffer due to time wastage.drop this atiku wahala once and for all

APC's claims would be struck out on technicalities. Their defences are built largely on the eligibility of Atiku and competence of his petitions.

The victory would be sweet and flawless.