Chairman Mohammed’s preliminary rulings.
INEC, APC and President Buhari were the respondents while Atiku and the PDP were the petitioners. The judgement was given by 5 justices and delivered by the Chairman of the Presidential Election Petition Tribunal — Garba Mohammed.
Rulings were given on 8 preliminary applications by both sides and judgment on 5 issues raised by the PDP. Some of the preliminary matters and the decisions made were:
- INEC’S motion filed on May 5th that the PDP’s suit be struck out for failing to include Vice-President Osibanjo as a party to the election petition.
Garba Mohammed: Yeah, no. The VP is an ‘appendage’ to the President and doesn’t require a separate shout out. He rises and falls with the Bubs. Way to make a guy feel special, Nigerian justice system.
- INEC’S appeal that the PDP petition be struck out because their lead counsel wasn’t a real lawyer.
Garba Mohammed: Stop tripping, Livinus Uzoukwu has been practicing law since 1982.
- The APC’s claims that Buhari’s academic qualifications are a pre-election matter and irrelevant to the 2019 election petition.
Garba Mohammed: Hell yeah it’s relevant to the petition. You don’t want to know if your president can solve quadratic equations?
- On the PDP’s claims that the VP used government funds masked as Trader Moni to influence voters.
Garba Mohammed: You’re going to have to talk to the EFCC about this one. Or the ICPC, IDK. This one pass me.
- On the APC’s application challenging Atiku’s Nigerian citizenship and qualification to contest the presidency.
Garba Mohammed: This man has lived in Nigeria for over ten years. He was Vice President. What else do hittas want?
Read more on the rulings here.
On the issue of President Buhari’s qualification to contest the elections, however — it was decided that: The President was eminently qualified to contest the elections.
The PDP alleged that the president was not educated to secondary school certificate level and has no school leaving certificate to speak of. They backed their claims using a statement, presumably this, made by the Secretary, Military Board, Brig. Gen. Olajide Olaleye, in which he stated the army had no WAEC original certificate, CTC or statement of the result of the president in its possession. They also claimed he submitted an affidavit containing false personal information to INEC before the elections.
Discounting their claims, Justice Mohammed faulted the absence of Brig.Gen. Olagide as a witness to their assertions and also interpreted the statement to infer that the army had a CTC of the certificate and not the original, supposedly proving that the president did have a secondary school qualification.
Using the president’s qualification from the army, the tribunal deemed Buhari not just qualified to run for office, but ‘eminently qualified’ to do so. Go off Bubs!
The PDP also cited irregularities in the spelling of the president’s name — ‘Mohammed/Muhammadu’ as evidence that his qualifications were suspect. For failing to prove that both names didn’t belong to the same person, their claim was again thrown out.
On the third issue raised, disputing the number of votes won by either side during the elections, the tribunal held that the petitioners (PDP), had been unable to prove the existence of INEC servers, on which they based their victorious claims.
Combining the fourth and fifth matters, the petitioner’s claim that the election was marred by irregularities was faulted by the tribunal, as it was claimed that the petitioners failed to call relevant witnesses like polling agents present on the ground. Instead, they called on collation officers to prove irregularities. Read more here.
Finding faults in the key issues to be determined, victory in the 2019 presidential elections was given in favour of President Buhari.
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