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Tribunal Dismisses Atiku's Allegations Of Forgery, Criminal Conviction Against Tinubu, Strikes Out Several Paragraphs For Want Of Merit

FILE
September 6, 2023

Also, several exhibits and witnesses' statements the former Vice President tendered to prove his allegations of irregularities and malpractices in the February 25 presidential election were rejected and discountenanced by the Tribunal.

The Presidential Election Petition Tribunal in Abuja on Wednesday struck out several paragraphs in the petition which were relied upon by Atiku Abubakar of the Peoples Democratic Party (PDP) to push President Bola Tinubu out of office.

Also, several exhibits and witnesses' statements the former Vice President tendered to prove his allegations of irregularities and malpractices in the February 25 presidential election were rejected and discountenanced by the Tribunal.

Delivering a ruling on some objections argued by Chief Wole Olanipekun (SAN) on behalf of Tinubu, Justice Moses Ugoh held that several parts of Atiku's petition lacked legs upon which they could stand and survive, hence, were not competent.

 Like the fate that befell his counterpart in the Labour Party, Peter Obi, the court said several facts fundamentally required to support the petition were not provided by Atiku.

Among others, Atiku was said to have failed to name the places where ballot boxes were allegedly snatched, how BVAS machines were manipulated and the polling units where alleged malpractice took place.

The petitioner who claimed to have polled the majority of lawful votes was said to have failed to state in clear terms the total number of lawful votes he believed he got.

Similarly, the tribunal said that the former Vice President made grievous allegations against Kogi State governor, Yahaya Bello and Chairman of the Olamaboro Local Government Area of Kogi, Friday Adejoh but failed to join them as respondents in the petition.

Justice Ugoh held that failure to join the governor who was accused of electoral fraud was fatal to the petition because the governor was denied the opportunity to defend himself as required by law.

The tribunal dismissed the allegations of over-voting all over Nigeria by the petitioner, adding that such pleadings run foul of the law because the specific places where the alleged over-voting took place were not mentioned.

Atiku's petition was also faulted on the ground that it introduced several allegations which caught the respondents unawares, adding that the tactic employed was unfair. 

The court described it as being "clever by half".

Among the new inputs said to have been wrongfully introduced by Atiku were the allegations of a criminal conviction, certificate forgery, and dual citizenship of Nigeria and Guinea made against Tinubu outside the mode of filing the petition.

Justice Stephen Jonah Adah who read another ruling on objections against the petition expunged several documents tendered by Atiku on the ground that the exhibits were made during the pendency of the petition.

Also, the evidence of several key witnesses of Atiku was expunged from the court record having been made in manners not known to law.

The tribunal held that the wrongful mode adopted by the PDP presidential candidate in the construction of the petition made several paragraphs of the petition liable to be struck out for want of merit.