THE Presidential Election Petition Court (PEPC) has reserved judgment in the petition filed by candidate of the Peoples Democratic Party (PDP), Atiku Abubakar.
Atiku is challenging the outcome of the February 25 election and praying the court to nullify President Bola Tinubu’s victory.
Among several issues raised in the joint petition, Atiku and the PDP are alleging that Tinubu was not qualified to contest the poll, claiming that he was indicted for drug trafficking in the United States (US) and that his academic certificates submitted to Independent National Electoral Commission (INEC) were forged, as well as that he is a citizen of Guinea.
The petitioners also accused INEC of manipulating the poll to favour Tinubu.
The PDP and Atiku closed their case on June 23 after calling 27 witnesses.
The court had adjourned the petition after Tinubu, Vice President Kashim Shettima and the All Progressives Congress (APC) closed their defence on July 5 and directed parties in the petition to write, file and exchange their final written addresses.
At the resumed session on Tuesday, August 1, parties in the suit adopted their final addresses, which summarise all the evidence tendered before the court.
While adopting his final address, Counsel to INEC, Abubakar Mahmoud, said the main kernel of the petitioners’ case “is around the non-compliance with the provision of the electoral act.
“While I agree that the use of technology is to enhance transparency…evidence adduced by the petitioners themselves shows the good intentions of INEC to conduct a credible, free and fair election to which they sought to deploy credible technology.
“There is no electronic collation system prescribed by the commission. Collation remained manual.
“They failed woefully to establish that the glitch on IReV was caused by human interference and that it affected the outcome of the election.”
Mahmoud also described as “absurd,” the argument that winning 25 per cent of votes in the FCT is a requirement for winning the election.
On the issue of dual citizenship, Counsel to APC, Lateef Fagbemi (SAN), told the court that the constitution provides that a Nigerian citizen by birth cannot be disqualified from contesting in the presidential poll.
He, however, noted that the President holds no other citizenship, insisting that the issue of dual citizenship has already been settled by various courts and the Supreme Court in Oyetola Vs INEC & Others.
On the issue of disqualification on the grounds of indictment on drug trafficking, Fagbemi said Tinubu never faced a criminal allegation in the US, adding: “The forfeiture proceedings do not fit into the prescription of qualification.
“It is not a disqualifying factor. No evidence of arraignment or pleadings. It was a civil forfeiture proceedings.”
He prayed the court to “throw this petition as far as your hands can carry, because it has failed in both its roots and branches.”
But the PDP and Atiku urged the court to uphold their case.
