“This petition is accordingly, and hereby dismissed in its entirety,” says Tribunal.
“In the final result, and I have come to the conclusion which is inevitable and unavoidable, that the petitioners have not proved any of the grounds of the petition in paragraph 15 of the petition.
“This petition is accordingly and hereby dismissed in its entirety,” says Justice Mohammed Garba, who led the five-man panel sitting at the Court of Appeal, Abuja.
It is clear that the results were collated manually -Justice Garba
“The evidence of the five witnesses who claimed that the results were transmitted electronically has no bearing on the requirement of proof expected of the petitioners. It is like a drop in the ocean.
“Electronic voting or transmission of results have no statutory backing. The mode of voting and collation of results have not changed from being manual since 2015,” says tribunal.
Justice Garba recalls the 2015 judgments of the Supreme Court which held that card readers were only recognised for use to authenticate the owner of the voter card.
“Card reader machine has not replaced the voter register. A petitioner must rely on the card reader to prove non-accreditation or overvoting,” says tribunal.
The tribunal rules that the evidence and report of PW59, witness 59 of the petitioners, cannot be relied on that there was indeed INEC server or servers, as the case may be, into which the results of the presidential election were transmitted.
- Dismissed INEC’s claim that Livy Uzoukwu, Atiku’s lead counsel is not a legal practitioner
- Dismissed INEC’s claim that Osinbajo should have been joined in the suit alongside Buhari.
- Refused INEC’s request to strike out some of the PDP’s witnesses
- Refused INEC’s request to dismiss Atiku’s prayer seeking Buhari’s disqualification from the election
- Struck out the PDP’s argument that Buhari and Osinbajo used government funds to induce voters
- Dismissed Buhari’s contention that Atiku was not qualified to file the petition challenging his election
- Dismissed PDP’s argument that security operatives rigged the election to favour Buhari
- Dismissed Buhari’s response challenging Atiku’s motion on the alleged none use of card readers
- Dismissed PDP’s motion alleging abuse of court processes in APC’s applications
PEPC strikes out testimony of Osita Chidoka
The PEPC has acceded to the request by President Muhamadu Buari for the striking out of a witness statement written by former Aviation Minister, Osita Chidoka, in support of the petition by Atiku Abubakar and the PDP.
Chidoka served as the National Collation Officer of the PDP during the last presidential election and testified as a star witness for the petitioner.
The PEPC, in the second ruling on a motion by INEC, said the court lacked the vires (powers) to entertain any criminal allegations against any person, who is not before it.
It proceeded to strike out portions of the petition by Atiku and the PDP, where such allegations are contained.
Summary of rulings So far
*Three motions filed by INEC against the petition.
*Two partially succeeded leading to the striking out of some paragraphs in the petitioners’ petition and their reply to INEC’s reply to the petition.
* Buhari filed two motions.
*Two motions succeded partially leading to the striking out of some paragraphs in the petitioners ‘ reply to Buhari’s reply to the petition.
*The last two motions were filed by APC.
The PEPC has upheld argument by President Muhammadu Buhari that it lacked the jurisdiction to entertain allegation of corrupt practices and voters’ inducement raised against Vice President Yemi Osinbajo in the petition by Atiku Abubakar and the PDP.
In its 5th ruling of the day, the court equally upheld the argument by Buhari’s legal team, led by Wole Olanipekun (SAN) that it was wrong for the petitioners to raise such grievous allegation against Osinbajo without joining him as a party in the petition to enable him defend himself against the allegation.