Follow Us on Google
- Tribunal reserves judgment
From Godwin Tsa, Abuja
Former Vice President Atiku Abubakar said heaven will not fall if the Presidential Election Petition Court (PEPC) could summon the courage to declare him and his People’s Democratic Party (PDP) winners of the February 25 presidential election.
Atiku who urged the court to choose the path of substantial justice over technicalities in arriving at its decision further prayed the court to set a precedence and write its name in history by annulling the victory of President Tinubu.
Meanwhile, Justice Haruna Tsammani led a five-member panel has reserved its judgment on the petition by Atiku and the PDP.
While adopting their final written address, Atiku and the PDP, through their legal team led by Chief Chris Uche, SAN, urged the court to declare that President Tinubu was not qualified to contest the presidential poll that was held on February 25.
Alternatively, the petitioners urged the court to nullify the entire outcome of the presidential election and order a re-run or fresh contest.
Atiku and his party in their joint petition, alleged that the Independent National Electoral Commission, INEC, despite receiving over N355 billion for the conduct of the election, deliberately bypassed all the technological innovations it introduced for the purpose of the 2023 general elections.
It was their contention that INEC acted in breach of the amended Electoral Act when it refused to electronically transmit the results of the presidential election.
“On the issue of transmission of election results based on new provisions in the Electoral Act, we are all in agreement, including the INEC, that there is a new regime in election management.
“The essence of the innovation was to enhance transparency in the collation of results, which was an area where we usually had problems and not the actual election, and secondly, to enhance the integrity of results declared.
“We agree that INEC had an option and we brought a video evidence by INEC Chairman showing that the electoral body indeed chose an option.
It is our contention and it is here in evidence that witnesses admitted that results from the National Assembly election were transmitted but that of the presidential election were not.
A whopping N355bn was deployed for the election, therefore, INEC owes this court and the nation an explanation.
“It is our submission that there was no technical glitch on the election day, rather, there was a deliberate bypass of the technology in order to create room for the manipulation that eventually took place.
“Until the court makes a judicial pronouncement, there may not be compliance to express provisions of the new regime of the Electoral Act.
“My lords, Imin a situation like this, the burden shifts on INEC to explain. It is not on the Petitioner to explain why there was such a technical glitch.
We urge this court to hold that there was deliberate non-compliance. The substantiality of the non-compliance lies in the national spread of the non-transmission of results. It was national and not limited to certain polling units,” Uche submitted.
Responding to Atiku’s submission, the Independent National Electoral Commission (INEC), President Tinubu and the All Progressives Congress, APC- prayed the court to dismiss the petition as grossly lacking in merit.
Lead counsel to INEC, Abubakar Mahmoud, SAN, maintained that the presidential election was not only validly conducted but done in substantial compliance with all the relevant laws.
Likewise, President Tinubu’s team, led by Chief Wole Olanipekun, SAN, argued that the petitioners failed to establish why the presidential election should be nullified.
Insisting that he was duly elected with a majority of valid votes that were cast during the election, President Tinubu, urged the court to dismiss Atiku’s petition.
On its part, the APC, represented by Prince Lateef Fagbemi, SAN, equally prayed the court to dismiss the petition for want of merit.
After listening to all the parties, the court adjourned the matter for judgement.
The court said it would communicate the judgement date to all the parties.
