The Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, have filed a petition challenging the declaration of President Muhammadu Buhari as winner of the Feb 23, 2019 presidential election conducted by the Independent National Electoral Commission (INEC). The petition was filed at the Presidential Election Petition Tribunal on the premises of the Court of Appeal Abuja by lawyers for Atiku and the opposition party last night.
The petitioners are challenging the election of Buhari and his party, the All Progressives Congress (APC) on the grounds of alleged massive rigging, malpractices and non-compliance with the electoral laws. They are praying for a declaration of the court that they should be proclaimed victors of the presidential poll and that the tribunal should nullify the election and order a fresh poll in line with provisions of the electoral laws. The petition which was duly signed by Atiku himself, has the PDP as co-petitioner while INEC, APC and President Buhari were joined as respondents.
The national legal adviser of the PDP, Emmanuel Enoidem, confirmed the development to journalists. The legal adviser said the PDP and its presidential candidate have already assembled a sound legal team, comprising 20 Senior Advocates of Nigeria and other lawyers who would establish the facts of the petition. He also said that over 400 witnesses have been assembled to testify during the hearing.
Dr. Livy Uzoukwu, a Senior Advocate of Nigeria (SAN) and Lead Counsel of the Atiku/Obi legal team, has said Atiku has all the facts to prosecute his case at the tribunal and emerge victorious. Dr. Uzoukwu expressed optimism that his client would emerge victorious at the tribunal, saying he was convinced that PDP won the presidential election in the first place. “I believe we have sufficient facts to move the court to appreciate our case and grant us our reliefs. We are ready and prepared to prove our case because it all depends on proofs and we are ready to prove our case. We have filed the petition, which is most fundamental, with some documents”, he said.
On the order earlier granted to Atiku to inspect materials used in the conduct of the presidential election, Enoidem said the petitioners would employ the reports of the party’s polling agents across the country to establish facts of the petition. Dr. Uzoukwu however admitted that their team was currently having challenges accessing documents from INEC.
“We may be having some challenges accessing documents from INEC, notwithstanding, we have filed the petition and with time, INEC shall be made to obey the orders of the court of appeal and grant us access to electoral documents. That we have filed petition does not mean we cannot make use of those documents when we eventually secure them from INEC… I do hope that INEC will keep to its words and do the needful, because they have no option as far as the matter is concerned. Because we are talking about the compliance with an order of the court,” he added.
On the question of impartiality or lack thereof posed on the Chairperson of the Tribunal, Justice Zainab Adamu Bulkachuwa, whose husband is a Senator-elect under the APC, Dr. Uzoukwu said his team would wait until the matter begins at the tribunal, to decide whether to file a recusal motion. “I don’t want to express any opinion in that regard now, but until the matter is ready to go on, because as we speak, I do not have the facts and I don’t want to speculate.”
The lawyers are praying the tribunal that their client, Atiku be returned “as person who won majority of lawful votes cast at the election”. In an event that the main prayer does not scale through, the lawyers also pushed for an alternative prayer; “that the election be set aside and for the court to order a rerun.” According to Uzoukwu, “the alternative prayer can only come to play if the court does not agree with us in the main prayer. But I believe we have substantial facts to prove our case, to prove our entitlement to the main relief. I’m convinced beyond any doubt that Alhaji Atiku Abubakar won the election.”