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Buhari-Atiku Judgment Awaited As 180 Days Draw To A Close September 14

September 10, 2019

Chairman of the five-man panel, Justice Mohammed Garba had while
reserving the judgment on August 21 stated that the date would be
communicated to all parties in the matter.

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The Presidential Election Petition Tribunal will deliver judgment in
the petition by the Peoples Democratic Party (PDP) and its
presidential candidate, Atiku Abubakar challenging President Muhammadu
Buhari’s victory in the February 23 general election.

Chairman of the five-man panel, Justice Mohammed Garba had while
reserving the judgment on August 21 stated that the date would be
communicated to all parties in the matter.

The date for the judgment has not been fixed by the tribunal but by
law, the duration of the petition will lapse on Saturday, September
14. Also, Section 134 (2) and (3) of the Electoral Act, 2010, provides
for a time limit for election petitions to be concluded within 180
days.

In his submission, INEC lead counsel, Yunus Ustaz Usman (SAN) said the
Commission conducted the February 23 election in “total compliance
with the Electoral Act and the petitioners can never dislodge that”.

He, therefore, asked the panel “to dismiss the petition which was
meant to test the river with both legs”.

Also, lead counsel to Buhari, Wole Olanipekun (SAN) asked the tribunal
to dismiss the petition for lacking in evidence, adding that Section
131 of the Nigerian Constitution did not demand certificate to be
attached to the documents.

Counsel to the APC, Lateef Fagbemi (SAN) said the PDP and Atiku, who
alleged electoral irregularities in 119,973 polling units in 8,809
wards in 774 LGs, called only 62 witnesses out of which only five led
evidence from the polling units.

However, lead counsel to the PDP and Atiku, Levy Uzoukwu (SAN), asked
the tribunal to hold that Section 138(1) of Electoral Act, any
candidate who submitted false information would nullify their
candidacy.

He added that by the judgment of the Supreme Court in Abdulrauf
Moddibbo against Mustapha Usman SC/790/2019 delivered on 30 July,
qualifications for election is not a pre-election matter.

He argued that Buhari in his Form CF001submitted to INEC listed three
certificates such as First School Leaving Certificate, WAEC, and Cadet
certificate from Military School but failed to attach them to the
form, Daily Trust reports.
 

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