So that we don’t repeat the mistakes of 1979 rulings of the Supreme Court.

In 1979, Chief Obafemi Awolowo of blessed memory, challenged the victory of Alhaji Shehu Shagari in the August 11, 1979 Presidential Election.

The Presidential Election Petition Tribunal had dismissed the petition of Chief Awolowo, affirming the election of Alhaji Shagari on grounds that the Appellant's claims that the respondent (Shehu Shagari) did not satisfy the position of the law based on Section 34 A(i)(c)(ii) of the Electoral Decree of not winning two thirds of all the states of the federation.

The then lead Judge of the Supreme Court, Justice Fatai Williams, on September 16, 1979, upheld the decision of the lower court, saying that 25% of two-thirds of the votes in Kano State was 203, 460.5 votes.

By the results declared by FEDECO, Alhaji Shehu Shagari got 25% of the votes cast in twelve (12) states out of nineteen (19); namely: Bauchi, Bendel, Borno, Cross River, Gongola, Kaduna, Kwara, Niger, Plateau, Rivers and Sokoto States. The 13th state was the issue, which was Kano state. Alhaji Shagari scored 243,423 votes, equivalent to 19.4% of the 1,220,763 total votes cast in Kano State.

The Mistake of the Lower Court

The Presidential Election Petition Tribunal had determined two thirds of the votes in Kano by dividing the 1,220,763 total votes cast in Kano by two-thirds to arrive at 813, 842, and then declare Shagari’s own votes of 243,423 in Kano as greater than 25% of the total votes cast in Kano

The Mistakes of the 2019 Presidential Election Petition Tribunal

The first ground of appeal has to do with the documents relating to the educational qualifications of President Muhammadu Buhari as tendered by him and admitted by the court as exhibits.

Citing the relevant provisions of the electoral act, the appellants (PDP and Atiku/Obi) contend that the documents were neither pleaded by President Buhari or frontloaded as legally required and as such could not have been deemed as properly admitted by the court.

On this ground, Atiku and the PDP argue that the Court of Appeal erred in law when it relied on the phrase “overall interest of justice” to admit the documents and relied on it.

On another ground, there are errors raised by the appellants (PDP and Atiku/Obi) against the judgement of the presidential election petition court involving the interpretation of the INEC form in section 76 of the electoral act 2010 as amended.

The court had held that the forms referred to in the section has to do with that used in the conduct of elections and not the form (CF001) which every candidate must fill.

Here, Justice Garba also held that a candidate is not required by the constitution and the electoral act to attach his certificates to the form before he can be adjudged to possess the requite qualification to contest

But Atiku and the PDP in their appeal argue that the court erred in law as the said form CF001 clearly provides a column for schools attended and educational qualifications with dates. furthermore, in their submission they contend that the form also contains a clear provision written “attach evidence of all educational qualifications”.

In the particulars of error, the appellants (PDP and Atiku/Obi) highlights that the conduct of election starts with the screening of candidates and that no candidate can be screened without completing the form CF001, and that certificates are evidence of educational qualification.

The supreme court has also been invited to review the conclusion of the presidential election petition court where it held that the petitioners did not plead that President Muhammadu Buhari’s failure to attach his certificates amount to lack of qualification to contest the election.

Referring to paragraphs 388-405 of the petition, Atiku and the PDP argue that they had pleaded and proved the allegation that President Buhari gave false information of a fundamental nature to INEC.

They further brought to the attention of the supreme court a recent judgement it delivered on the 30th of July where the apex court interpreted the meaning and standard of proof of false information in the case involving AA Modibbo and Mustapha Usman where the supreme court sacked a serving member of the House of Representatives .

Citing the legal principle of stare decisis, the appellants (PDP and Atiku/Obi) contend that the Justice Mohammed Garba’s led presidential election petition court failed to consider and apply the supreme court authority but merely referred to it.

Atiku and the PDP also submit that the court of appeal’s conclusion was speculative when it inferred that President Buhari presented his certificate to the army for documentation based on his army form 199a.

Their argument here is that, Justice Garba’s court did not rely on evidence led but by assumptions and presumptions that President Buhari possesses the certificates he claims. they have argued that common-sense holds no role in proof of facts before a court, insisting that President Buhari himself failed to produce any single certificate in support of his claim.

The PDP and Atiku/Obi also described the lower courts position that President Buhari was “eminently qualified” as gratuitous and unsolicited.

The appellants (PDP and Atiku/Obi) also submit that the court of appeal made a case for President Buhari in which none of his lawyers made, when it referred to a newspaper publication to validate his qualification.

The supreme court has also been invited to review the position of the Appeal Court that the petitioners dumped their exhibits on the issue of unlawfulness of votes without calling their makers to testify.

Atiku and the PDP have argued that the exhibits tendered before the lower court were certified true copies of electoral documents, and being public documents there was no need to call the makers.

Prayers by the Petitioners: (PDP and Atiku/Obi)

The prayers by the appellants (PDP and Atiku/Obi) is that the court of appeal’s decision be set aside, and that the supreme court should declares Atiku as the winner or in the alternative nullify the February 23, 2019 Presidential Poll and Order for a fresh election.

It’s time to #RescueNigeria

Ok

Ban this scammer biko