Presidential Tribunal: Buhari lack credentials to be President- Atiku

Presidential candidate of the Peoples Democratic Party, PDP, in the last election, Atiku Abubakar, has taken a fresh wipe at President Muhammadu Buhari, saying he should be sacked by the Presidential Election Petition Tribunal for failing to support his claimed proficiency in English language with any educational qualification. 

Atiku Abubakar, Muhammadu Buhari

In a final written address he filed before the Justice Mohammed Garba-led panel, a copy of which was sighted by Vanguard, last night, Atiku, who is challenging the outcome of the February 23 presidential election, said he was surprised that President Buhari produced witnesses to establish that he could speak English language. 

Atiku, in the document he filed through his team of lawyers led by Dr. Livy Uzoukwu, SAN, maintained that  President Buhari failed to defend the allegation that he lied about educational qualifications and credentials he claimed in the Form CF001 he submitted to the Independent National Electoral Commission, INEC, for the purpose of the presidential election. He argued that though Buhari made “a bane and baseless allegation” that his petition was based on assumptions, speculations and conjectures, he (Buhari) failed to lead any evidence to demonstrate why the case should be dismissed as unmeritorious. “It is also rather instructive that the 2nd Respondent who called 7 witnesses, RW1 -RW7, abruptly closed his case in the vainglorious 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”. 

Atiku contended that Buhari misconceived the import and purport of the allegation that he was bereft of the basic educational qualifications, when he produced witnesses to testify that he could speak English language. Therefore, the petitioner and  his party distilled out five principal issues they urged the tribunal to determine. 

According to them, ”he following issues call for determination in this petition, namely: Whether the 2nd Respondent was at the time of the election not qualified to contest the election. 

Whether the 2nd Respondent submitted to the 1st Respondent (INEC) affidavit containing false information of a fundamental nature in aid of his qualification for the said election. 

“Whether from the pleadings and evidence led, it was established that the 2nd Respondent was duly elected by majority of lawful votes cast at the election. “Whether the Presidential Election conducted by the 1st Respondent on 23rd February 2019 was invalid by reason of corrupt practices. 

“Whether the Presidential Election conducted by the 1st Respondent on 23rd February 2019 was invalid by reason of non-compliance with the Electoral Act, 2010 (as amended) and the Electoral Guidelines 2019 and Manuals issued for the conduct of the elections”. 

The petitioners insisted that Buhari did not possess the certificates relating to qualifications he claimed in the Form CF001 he submitted to INEC. “The 2nd Respondent 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. 

The qualifications claimed by the 2nd Respondent were (a) First School Leaving Certificate (b) West African School Certificate (WASC); and (c )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 failed to satisfy the mandatory requirements of section 131(d) of the constitution of the Federal Republic of Nigerian 1999, which provides that; “A person shall be qualified for election to the office of the president if; (d) he has been educated up to at least School Certificate level or its equivalent. 

“We therefore submit that to be qualified, the 2nd Respondent must produce his Primary School Certificate or WASC or ‘Officer Cadet’  since those were the qualifications he claimed in his Form CF001. “The relevant question now is whether the 2nd Respondent has shown in this court that he was qualified to contest the said election based on his claim? 

We respectfully submit that he has not done so. Rather, it is the petitioners that have proved that he was not qualified.”