The Supreme Court, on Wednesday, dismissed appeal challenging President Muhammadu Buhari’s victory at the February 23 general elections.
Delivery judgement, Justice Tanko Mohammad, the Chief Justice of Nigeria (CJN), led other six justices to unanimously dismiss the appeal for lacking in merit.
With the judgement, Buhari remains in office till 2023.
The other justices on the panel are Bode Rhodes Vivour; Ejembi Eko; Olukayode Ariowola; Amiru Sanusi; and Uwani Aba-Aji.
“We have examined all the briefs and exhibits for over two weeks and we have agreed that there is no merit in this appeal.
“The appeal is hereby dismissed and reasons for our decision would be given on a date to be announced,’’ Mohammad held.
The Peoples Democratic Party (PDP) and its presidential candidate in the election, Alhaji Atiku Abubakar, had approached the apex court to challenge the decision of the presidential election to dismiss their appeal.
The Presidential Election Petition Tribunal had on September 10 upheld Buhari’s victory in the February 23 general election.
The Chairman of the tribunal, Justice Mohammed Garba, who led a five-man panel, held that the petitioners failed to discharge the burden of proof expected of them.
The appellants invited the court to decide whether Buhari was qualified to contest the election on the bases of alleged discrepancy on his educational qualification.
They had also prayed that apex court to decide whether the alleged false information by the president on his educational qualification amounted to perjury.
They further asked the court to decide whether or not the Independent National Electoral Commission (INEC) did not transmit the results of the election electronically via its central server.
The appellant also asked the court to decide whether the respondents did not benefit from widespread rigging, over voting, violence intimidation allegedly perpetrated by their agents and security forces deployed to oversee the conduct of the election.
The PDP and its candidate had urged the court to hold that the president did not secure majority lawful votes.
In the light of the above, Dr Livy Uzoukwu, SAN, Counsel for the appellants while adopting his client’s address urged the apex to upturn the decision of the lower court, adding that the tribunal erred on its viewpoint concerning all the issues raised.
On the issue of qualification, Uzoukwu said the second respondent (Buhari) failed to present all of the educational credentials that he claimed to have obtained.
He also said that Buhari and his team of lawyers also failed to provide explanation on the alleged discrepancy associated with his first name where “Mohamed’’ and not “Muhammadu’’ appeared on his West Africa Cambridge examination record.
“My Lords, no pleadings, no evidence was given as to why the president failed to maintain a name. The lower court simply speculated on the name and ruled in his favour,’’ he said.
“We also discovered that no reason has been given by the second respondent while it is impossible to bring forth any of the three certificates he claimed to have obtained.
“Nobody, not even his witnesses have given evidence on whether they have sighted either the original or photocopies of those certificates.
“Not even his testimonials allegedly obtained from both primary and secondary schools he attended were pleaded,’’ Uzoukwu said.
On the issue of server, Uzoukwu said the apex court should take judicial notice of the fact that the new Section 52 (2) of the Electoral Act allowed the electoral body to conduct election in line with its own set guideline.
“It is spurious and strange that the first respondent (INEC) has denied the use of server to transmit the Feb.23 election results,’’ Uzoukwu said.
In the circumstance, Uzoukwu went ahead tp pray the court to set aside the decision of the tribunal and uphold his client’s appeal.
The appeal had sought the return of Atiku as the president, as according to his pleadings, he scored the majority and lawful votes.
However, Mr Yunus Usman, SAN, Counsel for INEC described the appeal as “speculative’’ and lacked merit, adding that the appellants’ pleadings were disjointed.
On the issue of server, Usman said the electoral body did not adopt electronic means in transmitting the results of the election, adding that they were transmitted manually.
“The appeal woefully failed to prove that the first appellant scored the majority and lawful votes in the election. This was because they were only able to call five polling agents from 191,000 polling units across the country to testify.
“The requirement of the law mandates that appellants to present witnesses from all of the polling units they had challenged the accurate status of results from the election.
“We therefore, pray the court to dismiss the appeal with heavy conpensation,’’ Usman said.
Chief Wole Olanipekun, SAN, Counsel for Buhari, aligns himself with Usman’ submission, adding, however, that the appeal lacked the basic components of ingredients that could convince the court to uphold it.
Olanipekun, went ahead to describe the petition as a “sham’’ as it lacked substance and merit.
“I have handled a few electoral petition cases, this is one petition that yarns for help, for assistance and for evidence but could not get any.
“Apart from the hype the matter has generated, there is nothing in law to support the allegations before the tribunal, Olanipekun said.
On the qualification of the president, Olanipekun said Section 131 (b) had settled that matter.
“I make bold to say that the constitution and case laws had not compelled the candidates of the election to tendered certificates or attached same to INEC nomination forms.
On his part, Mr Lateef Fagbemi, SAN, Counsel for All Progressive Congress (APC) said he could not help but take the liberty to align himself with the submissions made Olanipekun.
“My Lords it is disheartening to see that this petition still remains watery at this stage.
“The petition made allegations they could not proof. We have done a table showing how the petitioners have proven the case so far.
“The election took place in 119,976 Polling Units, 8,901 Wards in 774 Local Government Areas across the country.
“It is sad, therefore, to see that the petitioners only called 62 witnesses. Out of this figure, only five witnesses gave direct evidence of what happened in polling units on the day of election.
“I feel sad that this matter has been starved of evidence and therefore deserves to be dismissed,’’ Fagbemi said.
Earlier, parties agreed to abide by judgement on the main petition in spite of their pleadings in six other interlocutory applications before the court.
Buhari was declared the winner of the election after scoring 15,191,847 votes as against Atiku’s 11, 262,978 votes.
After the judgement, Atiku issued a statement.
Entitled ‘Supreme Court Judgement, Part of our Democratic Challenges’, it reads:
“It is said that the Supreme Court is not final because it is infallible, but that it is infallible because it is final. While I believe that only God is infallible everywhere, and only Nigerians are infallible in our democracy, I must accept that the judicial route I chose to take, as a democrat, has come to a conclusion.
Whether justice was done, is left to the Nigerian people to decide. As a democrat, I fought a good fight for the Nigerian people. I will keep on fighting for Nigeria and for democracy, and also for justice.
I thank all Nigerians who have stayed the course since the commencement of trial in the petition on the February 23 presidential election.
The judgement is part of democratic challenges we must face as a nation.
The Nigerian judiciary, just like every estate of our realm, has been sabotaged and undermined by an overreaching and dictatorial cabal, who have undone almost all the democratic progress the Peoples Democratic Party and its administrations nurtured for sixteen years, up until 2015.
Can Nigeria continue like this? Recently, former United States Assistant Secretary of State for Africa, Linda Thomas-Greenfield, averred that Nigeria had rolled back the democratic gains she made in 2015. When democracy is rolled back, the economy, the society and the judiciary will not be far behind. Today, the nail has been put on the coffin and the gains we collectively made since 1999 are evaporating, and a requiem is at hand.
In a democracy, you need a strong judiciary, a free press and an impartial electoral umpire. Nigeria has none of those three elements as at today.
One man, one woman, one youth, one vote, should be the only way to make gains in a democracy. And when that is thwarted, the clock starts to tick.
Two and a half millennia ago, Sophocles said “If we are to keep our democracy, there must be one commandment: “Thou shalt not ration justice.” Nigeria will do well to observe this warning.
To those who think they have broken my spirit, I am sorry to disappoint you. I am too focused on Nigeria to think about myself. I gave up that luxury 20 years ago. The question is not if I am broken. The question is if Nigeria is whole?
This is not a time for too many words. It will suffice for me to remind Nigeria of this – we are an independent nation and we are the architects of our fate. If we do not build a free Nigeria, we may end up destroying her, and God forbid that that should be the case.
I was a democrat, I am a democrat, and I will always continue to be a democrat. May God bless”.
In his reaction, Senate President,Dr Ahmad Lawan, congratulated Buhari and APC over the victory.
Lawan’s Special Adviser (media), Mr Ola Awoniyi stated this in a statement in Abuja on Monday.
He said by the judgement, the Supreme Court has put indelible judicial seal to Buhari’s victory at the Feb. 23 Presidential Election.
He rejoiced with the President and the APC over the affirmation of the solid mandate the Nigerian people freely gave them, as first proclaimed by the Court of Appeal and now finally by the Supreme Court.
Lawan said that the unanimous verdict of the Apex Court had removed whatever doubt that might have been raised on the integrity of the last presidential election.
“Now that the litigation is over, we should all rally as one people behind the President of Nigeria, Muhammadu Buhari, in his commitment to building the great nation of our dream.
“The petitioners should gracefully accept the final verdict of our court of law while the winners should demonstrate magnanimity by extending the hand of fellowship to the opposition.
“This is with a view to carrying all Nigerians along in the arduous task of nation-building,” Lawan said.
He urged the President and his government to continue to focus on good governance so as to deliver on the administration’s agenda of improving the lives of Nigerians and putting the nation on the path of sustainable development.
He said that the 9th National Assembly would continue to produce good legislation and pursue harmonious relationship between the organs of government and among Nigerians for the unity, peace and progress of the country.
APC, in a statement, says Supreme Court’s judgement has revalidated the election of Buhari
In the statement signed by its National Publicity Secretary, Malam Lanre Issa-Onilu, APC also lauded the judgement dismissing the appeal filed by the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar.
‘`APC welcomes the Supreme Court’s dismissal of the appeal filed by PDP and its presidential candidate, Atiku Abubakar, against President Muhammadu Buhari’s 2019 election victory.
‘`We congratulate Nigerians, the president; Vice-President Yemi Osinbajo; party leaders, members and supporters on the Supreme Court’s verdict.
“Following the earlier judgment of the 2019 Presidential Election Petition Tribunal which dismissed in its entirety the PDP and Atiku’s petition, the apex court is apt in dismissing the appeal for lacking merit,” Issa-Onilu said.
According to him, the party hails the judiciary for standing firm in the face of the PDP and Atiku’s subterfuge and for siding with the Nigerian electorate.
PDP National Chairman, Uche Secondus, commended Nigerians for their commitment and support to the party and democracy.
Secondus in a statement by his Media Adviser, Ike Abonyi on Wednesday in Abuja, said that the commitment of Nigerians to democracy and its tenets in spite of inhibiting factors was worthy of emulation and highly commendable.
“We thank you for your support for PDP, for your commitment to democracy.”
Secondus reacting to the Wednesday’s Supreme Court ruling striking out the appeal of PDP and its Presidential candidate, Atiku Abubakar, said that the nation’s apex court had ruled but the final judgment comes from God almighty.
He urged Nigerians to leave the Supreme Court judgement to God saying, “leave it to God the ultimate judge.”
Secondus also commended the press for their commitment to democracy and good governance in Nigeria.
He urged them not to relent in their roles of holding politicians accountable to the people.
Secondus, however, told the people to remain resolute in their prayers to God since the country was in an untidy state that only God could bail her out.
Governor Adegboyega Oyetola of Osun State congratulated Buhari over his victory, describing it as a ‘sweet one’.
Oyetola stated this in a statement by his Chief Press Secretary, Mr Ismail Omipidan, on Wednesday in Osogbo.
The governor said that the Judgement of the Supreme court had finally settled the legal battle over the 2019 presidential election.
According to the governor, lovers of democracy must commend the resilience of the judiciary in deepening the country’s democracy through its sound judgments.
“On behalf of the people and government of the Osun State, I congratulate our President, Muhammadu Buhari, on his victory at the Supreme Court.
“With this judgement, it is my hope that the verdict has put to an end the needless bickering, distractions and provocation that greeted the 2019 presidential election.
“I congratulate the leadership and all members of our party, the All Progressives Congress (APC), on this victory,” Oyetola said.
