•Atiku Abubakar, PDP presidential candidate
Extract from the PDP and Atiku/Atiku’s final written address at the Presidential Tribunal in reply to the 2nd Respondent, (Muhammadu Buhari)’s final written address. See https://sundiatapost.com/presidential-election-tribunal-summary-of-buhari-and-apcs-final-written-addresses/
In paragraph 1.2 of the 2nd Respondent’s reply, with respect, he made a bane and baseless allegation that the petition is based on “assumptions, speculations and conjectures” but failed to demonstrate same.
It is also rather instructive that the 2nd Respondent who called 7 witnesses, RW1 – RW7, abruptly closed his case in a vain glorious effort to stop the continuous and grave but irredeemable damage to his case by his witnesses under cross examination.
That was like bolting the stable after the horse had clearly galloped out of it.
Issues for determination
The following issues call for determination in this petition, namely;
1. Whether the 2nd Respondent (Muhammadu Buhari) was at the time of the election not qualified to contest the election.
2. Whether the 2nd Respondent (Muhammadu Buhari) submitted to the 1st Respondent (INEC) affidavits containing false information of a fundamental nature in aid of his qualification for the said election.
3. Whether from the pleadings and evidence led it was established that the 2nd Respondent (Muhammadu Buhari) was elected by majority of lawful votes cast at the election.
4. Whether the presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of corrupt practices.
5. Whether the presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of non-compliance with the Electoral Act 2010 (as amended) and the Electoral Guidelines 2019 and the manuals issued for the conduct of the elections.
Argument in support of the issues 1 and 2
The case is that the 2nd Respondent (Muhammadu Buhari) does not posses the certificates relating to qualifications, which he claimed in his form cf001.
The 2nd Respondent (Muhammadu Buhari) had listed his educational credentials in proof of his qualification to contest the election in the said form, which he then submitted to the 1st Respondent (INEC).
The qualifications claimed by the 2nd Respondent (Muhammadu Buhari) were: (a) First Leaving Certificate; (b) West African School Certificate (WASC); and Officer Cadet (Whatever that means). None of the alleged certificates was attached to exhibit P1.
The Petitioners submit that the 2nd Respondent was not qualified to contest the presidential election because the 2nd Respondent (Muhammadu Buhari) failed to satisfy the mandatory requirements of section 131 (d) of the constitution of the Federal Republic of Nigeria 1999, which provides that: a person shall be qualified for election into the office of President if;”(d) he has been educated up to at least school certificate and its equivalent”.
To make the requirements clearer, section 318 (1) of the constitution defines school certificates or its equivalent to mean:
(a)…”a secondary school certified or its equivalent, a grade II teachers certificate, the city and guide certificate or (b) educated up to secondary school certificate level; or (c) primary six school leaving certificate or its equivalent and – (I) service in a public or private sector in the federation in any capacity acceptable to the Independent National Electoral Commission for a minimum of ten years and (II) attendance at courses and training in such institutions as may be acceptable to the Independent National Electoral Commission (INEC)for period totaling up to a minimum of one year and (III) the ability to write, read, understand and communicate in English language to the satisfaction of the Independent National Electoral Commission; and (d) Any other qualification acceptable by the Independent National Electoral Commission
In effect, there are four paths to educational qualification under section 318(1) of the constitution namely section 318(1)(a) or section 318 (1)(b) or section 318 (1)(c) and section 318 (1)(d)..EVERY CANDIDATE MUST CHOOSE WHICH QUALIFICATION HE IS RELYING ON*
He may choose a, b, c or d. He may choose all. In exhibit P1, the 2nd Respondent (Muhammadu Buhari) chose only (a) and (c), listing the schools he attended and the qualification he obtained as Primary School Certificate, West African School Certificate and Officer Cadet. His CV was attached to show his working experience only.
We therefore submit that to be qualified, the 2nd Respondent (Muhammadu Buhari) must produce his primary school certificate or West African School Certificate (WASC) or Officer Cadet, since those were the certificates he claimed in his form CF001 Exhibit P1.
We submit that a candidate must choose the qualification or qualifications he wishes to rely on at the time of swearing to or submitting his form CF001. The 2nd Respondent duly exercised that choice and must swim or sink with his choice.
banker of the day - FREE banker tips from experts