₦airaland Forum

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?

yarimo:

To me its a straight issue that requires no legal gymnastics

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!"

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

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.

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?

God bless your Mother!

As postulated by Abdul Mahmud

The claim about Atiku being a non-Nigerian is pretty silly. Only those who have no sense of history make such a silly claim. I once addressed this issue and I don't intend to address it here again, beyond stating the obvious implications of the ahistorical and unconstitutional claim, as follows:

1) if you're are anywhere from the southern tips of the highlands of Taraba, and Adamawa, including Michika and the surrounding communities, YOU ARE NOT A NIGERIAN;

2) If you are from southern Borno, including the historical Dikwa Emirate, and anywhere extending far deep into Yobe , YOU ARE NOT A NIGERIAN;

3) If you are an indigene of any of the places referred to above and you voted in any of the towns stated above, YOUR VOTE IS VOID;

4) If you are from any of the 23 LGAs that are parts of Borno state, YOU ARE AN ALIEN because your community, indigenous to Northern Cameroons, only joined Nigeria following the February 1961 plebiscite.

We can't all be equally yoked to the stupidity of those who make such horrendous claim, so we must stick to the historical and constitutional truths:

a) The people of northern Cameroons were never part of the Republic of Cameroun. Never. They were until 1961 trusteeship subjects of the UN.

b) The people of northern Cameroons are citizens of Nigeria by virtue of Section 10 of the 1963 Republican Constitution- Special Provisions on Northern Cameroons;

c) That communities in Taraba, Yobe and Borno are pre-colonial communities whose existence predates the European scramble for Africa. Take Dikwa in Borno for example that has existed for almost a century, but which came under Arab-Sudanese, later German and British controls, and subsequently part of Northern Cameroons till it joined Nigeria in 1961, via a referendum.

So you know: the people of Southern Cameroons, AKA Republic of Ambazonia, are today fighting for their independence and I hope the stupidity of a few will not force communities of northern Cameroons- now parts of Taraba, Borno and Yobe - to renew the historical agitation for the independence of northern Cameroons.

To be fore-warned ...

Maxymilliano:
As postulated by Abdul Mahmud

Nobody is saying that atiku or the aforementioned areas are not nigerian citizens but that there not citizens by birth and therefore cannot contest for the office of president

garfield1:
Nobody is saying that atiku or the aforementioned areas are not nigerian citizens but that there not citizens by birth and therefore cannot contest for the office of president

The guy you quoted are among those who just quote without knowing the context of the write up they are responding to.

Thank you for educating him

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.

Atiku is full blooded nigerian even more than buhari.

tuniski:
Atiku is full blooded nigerian even more than buhari.

Drop evidence or back it up legally as I just did or simply shut up

Tetehjewels:
Drop evidence or back it up legally as I just did or simply shut up

Go and do that at the tribunal not on nairaland.

zombies talking trash. Just to massage thier egos



atiku is a nigerian. his local govt is in nigeria his state is in nigeria.


once a gov elect

&
once a vp on 2 occasions.


well there is a reason they're called ZOMBIES

tuniski:
Atiku is full blooded nigerian even more than buhari.

you get time.

y 're you quoting a zombie?

lordkush:
zombies talking trash. Just to massage thier egos



atiku is a nigerian. his local govt is in nigeria his state is in nigeria.


once a gov elect

&
once a vp on 2 occasions.


well there is a reason they're called ZOMBIES

I just had to quote you seeing how dumb you sound and clearly in need of a mental upgrade.

The constitution didnt focus on governors or VP but on those eligible to contest for Presidency.

If education is a taboo where you come from you can still break the Jinx.

For your sake specifically i will repost the OP just for you and hopefully this time you will read it and prove your teachers or lecturers actually passed some knowledge to you and it was not all a waste.

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.

Tetehjewels:
I just had to quote you seeing how dumb you sound and clearly in need of a mental upgrade.

The constitution didnt focus on governors or VP but on those eligible to contest for Presidency.

If education is a taboo where you come from you can still break the Jinx.

For your sake specifically i will repost the OP just for you and hopefully this time you will read it and prove your teachers or lecturers actually passed some knowledge to you and it was not all a waste.

[s]

Tetehjewels:
I just had to quote you seeing how dumb you sound and clearly in need of a mental upgrade.

The constitution didnt focus on governors or VP but on those eligible to contest for Presidency.

If education is a taboo where you come from you can still break the Jinx.

For your sake specifically i will repost the OP just for you and hopefully this time you will read it and prove your teachers or lecturers actually passed some knowledge to you and it was not all a waste.

[/s]

Tetehjewels:
I just had to quote you seeing how dumb you sound and clearly in need of a mental upgrade.

The constitution didnt focus on governors or VP but on those eligible to contest for Presidency.

If education is a taboo where you come from you can still break the Jinx.

For your sake specifically i will repost the OP just for you and hopefully this time you will read it and prove your teachers or lecturers actually passed some knowledge to you and it was not all a waste.

trash

Following

lordkush:
[s][/s] trash

Let me further give you an educational upgrade.

Atiku was not born a Nigerian. He became a Nigerian by choice, not by birth. Those who wrote our constitution did not see this day coming. There's nowhere in the constitution that says the VP must be a Nigerian by birth as well. He was constitutionally eligible to be VP.

You will make no sense of the Atiku's Cameroonian origins until you read our constitution. Guy Scott was able to be Zambian VP under Michael Sata but not eligible to be president. He could only be acting president for 90 days after Sata's demise. Our Constitution itself disqualified Atiku from contesting for Presidency.

Our constitution is similar to that of Zambia

Attached is an extract from Our constitution and that of Zambia

Tetehjewels:
To me its a straight issue that requires no legal gymnastics

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.

lordkush:
zombies talking trash. Just to massage thier egos



atiku is a nigerian. his local govt is in nigeria his state is in nigeria.


once a gov elect

&
once a vp on 2 occasions.


well there is a reason they're called ZOMBIES

By birth? I could bet you didn't read the article else you won't have made that statement

HisSexcellency:
So buhari is a citizen by birth right?

Incidentally he is. The boundaries in contention between Nigeria and Cameroon are/were those in Which Ganye LGA, Borno and other parts of Adamawa were situated. Incidentally Jada (Which is where Atiku was born) was carved out from Ganye Lga which was formerly a part of Northern Cameroon.

The boundary point between the northern communities of Nigeria and their counterpart groups in Cameroon can only be found in Bornu, Benue, Taraba and Adamawa State on the side of Nigeria.

As you can see, Buharis State or Location of Birth is not in any way affected by the boundary points between Nigeria and Cameroon

ATIKU'S PETITION: APC's OBJECTION TO AKITU'S QUALIFICATION TO CONTEST BASED ON QUESTION OF HIS NIGERIAN CITIZENSHIP.
What are the chances of APC succeeding in its objections based on the ground of Atiku's Nigerian Citizenship?
Before we delve into answering this critical question, let us consider the relevant section of the Constitution of Nigeria that has to do with the Court that has the jurisdiction to determine the question of a person's citizenship in Nigeria. This is so because it is trite law that jurisdiction is the life wire to any proceedings in any court or tribunal. Any proceedings or judgment, no matter how good or how well conducted by any court or tribunal without jurisdiction is a nullity, as one cannot build something on nothing and expect it to stand. Having said that, the question now is: Which court has the exclusive jurisdiction or power to determine the question of citizenship of any person in Nigeria? In response to this question, let us consider the provision of section 251 (1) (i) of the the Constitution of Nigeria, 1999 as amended.
Section 251 (1) (i) of the Constitution provides and I quote:
251 (1): Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, THE FEDERAL HIGH COURT (F.H.C) shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters relating to:
(i) Citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas.
Now in view of the above provision of the Constitution, the questions that beg for answers are:
(1) Which court has the exclusive jurisdiction to determine or decide a person's citizenship in Nigeria?
ANS: The Federal High Court (F.H.C).
(2) Has the F.H.C ever been called upon by APC or anybody at all to decide or determine any question bothering on or relating to Atiku's citizenship in Nigeria?
ANS: No.
(3) Going by the provision of the above section of the Constitution, does the APC, the Election Petition Tribunal or any other person or institution has the power to declare or pronounce Atiku or any other person a non-citizen of Nigeria?
ANS: No, because doing so will amount to usurpation of the power or jurisdiction of the F.H.C.
(4) Can the Election Petition Tribunal now exercise the power to declare or pronounce Atiku a non-citizen of Nigeria?
ANS: No, it cannot.
In view of the above questions and answers, it is my humble submission that it is very wrong for APC to, at this stage, declare that Atiku is not a citizen of Nigeria, especially in the absence of any F.H.C judgment to that effect, and then uses it as a ground to question or challenge his qualification to contest the Presidential election. It is also very wrong for APC or any person at all to bring up the issue of Atiku's citizenship for the first time at the Election Petition Tribunal. This is because doing so is akin to asking the Election Petition Tribunal to determine or decide on Atiku's citizenship in Nigeria based on the evidence before the Tribunal. But unfortunately, the Election Petition Tribunal has no jurisdiction or power to determine that question in view of section 251 (1) (i) of the Constitution.
Based on the above, I further submit that APC or any other interested person should have, first of all, proceeded to the F.H.C to challenge Atiku's qualification to contest the Presidential election based on the question of his citizenship in Nigeria. They should have even done that before the election took place, because an issue of that nature is a pre-election matter which the Election Petition Tribunal has no jurisdiction to determine. But this they failed to do. Therefore, APC's objections to Atiku's qualification on question of his citizenship is most likely going to fail, reason being that:
(1) They lack the power to declare Atiku a non-citizen of Nigeria without a supporting F.H.C judgment to that effect.
(2) The Election Petition Tribunal lacks the jurisdictional competence to decide or determine the question of Atiku's citizenship in Nigeria. It is only the F.H.C that has the exclusive jurisdiction to do so going by the provision of section 251 (1) (i) of the Constitution of Nigeria.

NICENEDU29:
ATIKU'S PETITION: APC's OBJECTION TO AKITU'S QUALIFICATION TO CONTEST BASED ON QUESTION OF HIS NIGERIAN CITIZENSHIP.
What are the chances of APC succeeding in its objections based on the ground of Atiku's Nigerian Citizenship?
Before we delve into answering this critical question, let us consider the relevant section of the Constitution of Nigeria that has to do with the Court that has the jurisdiction to determine the question of a person's citizenship in Nigeria. This is so because it is trite law that jurisdiction is the life wire to any proceedings in any court or tribunal. Any proceedings or judgment, no matter how good or how well conducted by any court or tribunal without jurisdiction is a nullity, as one cannot build something on nothing and expect it to stand. Having said that, the question now is: Which court has the exclusive jurisdiction or power to determine the question of citizenship of any person in Nigeria? In response to this question, let us consider the provision of section 251 (1) (i) of the the Constitution of Nigeria, 1999 as amended.
Section 251 (1) (i) of the Constitution provides and I quote:
251 (1): Notwithstanding anything to the contrary contained in this Constitution and in addition to such other jurisdiction as may be conferred upon it by an Act of the National Assembly, THE FEDERAL HIGH COURT (F.H.C) shall have and exercise jurisdiction to the exclusion of any other court in civil causes and matters relating to:
(i) Citizenship, naturalisation and aliens, deportation of persons who are not citizens of Nigeria, extradition, immigration into and emigration from Nigeria, passports and visas.
Now in view of the above provision of the Constitution, the questions that beg for answers are:
(1) Which court has the exclusive jurisdiction to determine or decide a person's citizenship in Nigeria?
ANS: The Federal High Court (F.H.C).
(2) Has the F.H.C ever been called upon by APC or anybody at all to decide or determine any question bothering on or relating to Atiku's citizenship in Nigeria?
ANS: No.
(3) Going by the provision of the above section of the Constitution, does the APC, the Election Petition Tribunal or any other person or institution has the power to declare or pronounce Atiku or any other person a non-citizen of Nigeria?
ANS: No, because doing so will amount to usurpation of the power or jurisdiction of the F.H.C.
(4) Can the Election Petition Tribunal now exercise the power to declare or pronounce Atiku a non-citizen of Nigeria?
ANS: No, it cannot.
In view of the above questions and answers, it is my humble submission that it is very wrong for APC to, at this stage, declare that Atiku is not a citizen of Nigeria, especially in the absence of any F.H.C judgment to that effect, and then uses it as a ground to question or challenge his qualification to contest the Presidential election. It is also very wrong for APC or any person at all to bring up the issue of Atiku's citizenship for the first time at the Election Petition Tribunal. This is because doing so is akin to asking the Election Petition Tribunal to determine or decide on Atiku's citizenship in Nigeria based on the evidence before the Tribunal. But unfortunately, the Election Petition Tribunal has no jurisdiction or power to determine that question in view of section 251 (1) (i) of the Constitution.
Based on the above, I further submit that APC or any other interested person should have, first of all, proceeded to the F.H.C to challenge Atiku's qualification to contest the Presidential election based on the question of his citizenship in Nigeria. They should have even done that before the election took place, because an issue of that nature is a pre-election matter which the Election Petition Tribunal has no jurisdiction to determine. But this they failed to do. Therefore, APC's objections to Atiku's qualification on question of his citizenship is most likely going to fail, reason being that:
(1) They lack the power to declare Atiku a non-citizen of Nigeria without a supporting F.H.C judgment to that effect.
(2) The Election Petition Tribunal lacks the jurisdictional competence to decide or determine the question of Atiku's citizenship in Nigeria. It is only the F.H.C that has the exclusive jurisdiction to do so going by the provision of section 251 (1) (i) of the Constitution of Nigeria.

I suggest you read the OP again 200 times so that you can be clear on what is contained therein

Atiku is a citizen of Nigeria in all respects which includes via referendum.

However, when it comes to eligibility to contest for a position as Presidency the same constitution that makes him a citizen breaks down the legal requirement for such as he is and that is for him to FIRST BE A CITIZEN BY BIRTH. Clearly Atiku isn't a citizen by birth but by referendum

This then becomes an electoral eligibility case and based on our constitution, he isn't eligible and the electoral Tribunal has the jurisdiction to rule in this regard

nnamdi Kanu's bullet wound is very deep, na like this the secret behind Jubrin from Sudan will prevail. We are watching closely.

daveson2020:
nnamdi Kanu's bullet wound is very deep, na like this the secret behind Jubrin from Sudan will prevail. We are watching closely.

You are clearly delusional

Tetehjewels:
I suggest you read the OP again 200 times so that you can be clear on what is contained therein

Atiku is a citizen of Nigeria in all respects which includes via referendum.

However, when it comes to eligibility to contest for a position as Presidency the same constitution that makes him a citizen breaks down the legal requirement for such as he is and that is for him to FIRST BE A CITIZEN BY BIRTH. Clearly Atiku isn't a citizen by birth but by referendum

This then becomes an electoral eligibility case and based on our constitution, he isn't eligible and the electoral Tribunal has the jurisdiction to rule in this regard

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.

Lol...I just hope this is not what the APC wants to present as defense in court. I hope their ultimate plan is to file for an amendment later when they prepare their defense. A precedent had already been set for this arguement in Onyema Ugochukwu Vs TA Orji when Onyema filed, after the election that TA did not qualify to contest having not resigned his position as Chief Of Staff 3 months to election as required by law.
The court dismissed the case on the basis that the election tribunal does not consider eligibility but outcome of election. They inferred that Onyema should have filed for disqualification of TA prior to election and not after the election.

That is why no suit challenging Buhari's elegibilty due to waec be entertained by the election tribunal. PDP knows this and that's why they are not depending only on that point in their case.

APC will goof big time if their only defense is eligibility. They better use the modify button before it becomes late.

Tetehjewels:
I suggest you read the OP again 200 times so that you can be clear on what is contained therein

Atiku is a citizen of Nigeria in all respects which includes via referendum.

However, when it comes to eligibility to contest for a position as Presidency the same constitution that makes him a citizen breaks down the legal requirement for such as he is and that is for him to FIRST BE A CITIZEN BY BIRTH. Clearly Atiku isn't a citizen by birth but by referendum

This then becomes an electoral eligibility case and based on our constitution, he isn't eligible and the electoral Tribunal has the jurisdiction to rule in this regard

I think you should also read my own post again for 500 times so that you will be able to fully appreciate the points I made. For your information, I am not bothered about what the OP posted, but I just raised this point because it has much to do with the jurisdictional competence of the Election Petition Tribunal to determine the issue of Atiku's citizenship. The question is whether Atiku is a citizen of Nigeria by birth to qualify to be elected as a President of Nigeria? Which Court is exclusively empowered to determine that question in the first place? You and I know that the question of jurisdiction of a court to decide a matter is the very first thing the court or tribunal must deal with before into the main issue. You and I know that the Constitution by section 251 (1) (i) has made it abundantly clear that it is only the F.H.C that has the exclusive power to determine the issue whether Atiku or any other person is a Nigerian citizen or not. You and I know that apart from the F.H.C, nobody at all, be it APC, INEC, the Election Petition Tribunal or any other individual or institution whatsoever has the power to do so in the absence of a previous F.H.C judgment to that effect. You and I know that there has never been any F.H.C judgment declaring Atiku a non-citizen of Nigeria. There is no suit at all at the F.H.C challenging Atiku's Nigerian citizenship. So, if APC or anybody at all has any evidence at all to question or challenge Atiku's citizenship in Nigeria, they should have first of all, gone to the F.H.C to decide it and use the judgment as back up of their claim. The Election Petition Tribunal is NOT the proper court to determine that. That is my point and the Constitution is clear on it.

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!"

You and your wailing again.
Cameroon(Kamerun) was a German colony just like Togo, Namibia and Tanzania, after the defeat of Germany in WW1, Britain and France took over the colonies.
While some parts of Togo was given to Ghana to administer, some parts of Cameroon were carved out for Nigeria to administer. The agreement between the British and French authorities then was that, after independence of the parent country, a referendum would be organized in those areas added to the parent country.
People of British Togoland voted to be Ghanaians till date and can't merge with French Togoland since Ghana has no referendum or secession in her laws.
Same for people of northern British Cameroonland who can't merge with Cameroon again.
Southern British Cameroonland can't secede from Cameroon because she doesn't have a referendum and secession clause too.
I hope I've educated you a bit about your miserable referendum and secession you always disturb us with.

NICENEDU29:
I think you should also read my own post again for 500 times so that you will be able to fully appreciate the points I made. For your information, I am not bothered about what the OP posted, but I just raised this point because it has much to do with the jurisdictional competence of the Election Petition Tribunal to determine the issue of Atiku's citizenship. The question is whether Atiku is a citizen of Nigeria by birth to qualify to be elected as a President of Nigeria? Which Court is exclusively empowered to determine that question in the first place? You and I know that the question of jurisdiction of a court to decide a matter is the very first thing the court or tribunal must deal with before into the main issue. You and I know that the Constitution by section 251 (1) (i) has made it abundantly clear that it is only the F.H.C that has the exclusive power to determine the issue whether Atiku or any other person is a Nigerian citizen or not. You and I know that apart from the F.H.C, nobody at all, be it APC, INEC, the Election Petition Tribunal or any other individual or institution whatsoever has the power to do so in the absence of a previous F.H.C judgment to that effect. You and I know that there has never been any F.H.C judgment declaring Atiku a non-citizen of Nigeria. There is no suit at all at the F.H.C challenging Atiku's Nigerian citizenship. So, if APC or anybody at all has any evidence at all to question or challenge Atiku's citizenship in Nigeria, they should have first of all, gone to the F.H.C to decide it and use the judgment as back up of their claim. The Election Petition Tribunal is NOT the proper court to determine that. That is my point and the Constitution is clear on it.

You still don't understand and going here and there, nobody is contesting Atiku's citizenship and nobody is withdrawing it. What is being argued is his eligibility for the post of president as stipulated in the constitution.
Is he, one of his parents or one of his grandparents from an indigenous group within Nigeria as at October 1st 1960?
Was he, one of his parents or one of his grandparents on Nigerian soil by October 1st 1960?

This is what he has to prove. If he can prove any of the above then he has no case.
Remember he's 101% Nigerian today, his children can go for presidency since they were born by Nigerian parents but Atiku must satisfy one of the two options I gave for him to be qualified.

NICENEDU29:
[s]I think you should also read my own post again for 500 times so that you will be able to fully appreciate the points I made. For your information, I am not bothered about what the OP posted, but I just raised this point because it has much to do with the jurisdictional competence of the Election Petition Tribunal to determine the issue of Atiku's citizenship. The question is whether Atiku is a citizen of Nigeria by birth to qualify to be elected as a President of Nigeria? Which Court is exclusively empowered to determine that question in the first place? You and I know that the question of jurisdiction of a court to decide a matter is the very first thing the court or tribunal must deal with before into the main issue. You and I know that the Constitution by section 251 (1) (i) has made it abundantly clear that it is only the F.H.C that has the exclusive power to determine the issue whether Atiku or any other person is a Nigerian citizen or not. You and I know that apart from the F.H.C, nobody at all, be it APC, INEC, the Election Petition Tribunal or any other individual or institution whatsoever has the power to do so in the absence of a previous F.H.C judgment to that effect. You and I know that there has never been any F.H.C judgment declaring Atiku a non-citizen of Nigeria. There is no suit at all at the F.H.C challenging Atiku's Nigerian citizenship. So, if APC or anybody at all has any evidence at all to question or challenge Atiku's citizenship in Nigeria, they should have first of all, gone to the F.H.C to decide it and use the judgment as back up of their claim. The Election Petition Tribunal is NOT the proper court to determine that. That is my point and the Constitution is clear on it.[/s]

You are confused