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Supreme Court fix date for Buhari & Atiku Case

News & Politics

Supreme Court fix date for Buhari & Atiku Case

The Supreme Court has fixed October 30,
2019, for the commencement of the hearing
of appeal suit filed by the presidential
candidate of the Peoples Democratic Party
(PDP) in the 2019 general elections, Atiku
Abubakar, challenging the judgment of the
presidential election tribunal, which affirmed
the election of President Muhammadu Buhari.
This was made known on PDP’s Official
Twitter page of Sunday.
The tweet reads, “Breaking News! The
Supreme Court of Nigeria has scheduled to
hear the Appeal of the @OfficialPDPNig and
@atiku / @PeterObi, arising from the
judgment of the Appeal Court, on Wednesday,
October 30, 2019. It’s time to
#RescueNigeria.”
DAILY POST had reported that Atiku and PDP
last month formally filed an appeal against
the judgement of the presidential election
petitions tribunal, at the Supreme Court.
They are challenging the judgment of the
presidential election tribunal, which affirmed
the election of President Muhammadu Buhari.
Atiku and PDP filed the appeal on five
grounds.
They alleged that the panel of the presidential
election tribunal erred in law “when they relied
on ‘overall interest of justice’, to hold that the
2nd Respondent’s Exhibits R1 to R26, P85,
and P86 were properly admitted in evidence.”
They also alleged among other reasons that
the tribunal erred in law “when they held thus:
“My firm view is that Section 76 of the
Electoral Act is clearly inapplicable to the
issues under consideration. The form referred
to are the form to be used in the conduct of
the election as FORM CF001 had been taken
care of in Section 31 of the Electoral Act and
the said FORM CF001 is tied to the steps
laid down in the said Section 31 of the
Electoral Act.
“More importantly, the law is firmly settled
that a candidate is not required by the
Constitution or the Electoral Act to attach his
certificates to FORM CF001 before the
candidate can be considered or adjudged to
have the requisite educational qualifications
to contest the election.”
Atiku and PDP also alleged that the tribunal
erred in law, when they held thus: “There
was/is no pleadings in the Petition to the
effect that 2nd Respondent’s failure to attach
his certificates to Form CF001 amounts to
lack of educational qualification to contest the
election.
“In other words, the issue of failure to attach
certificates which have been flogged
throughout the length and breadth of the
Petitioners Address (es) in Reply to 1st, 2nd
and 3rd Respondents final written address is
not the case of the Petitioner in the
pleadings. No issue was joined on
nonproduction of certificates or failure to
attach them as an infraction of section 131,
137 and 138 of the Constitution of the
Federal Republic of Nigeria, 1999 as
amended.
“All submissions about the failure to produce
certificates or attach same to CF001 is
hereby discountenanced. Even if it can be said
that the submissions made are in tandem
with the Petitioners Pleadings on issues 1
and 2 the fact remains that none of the facts
pleaded were proved or established as
required by law.”

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