Atiku’s Burden
President Muhammadu Buhari’s camp is agog over his victory at the presidential election petition tribunal, which sat in Abuja. The panel of five justices of the Court of Appeal led by Justice Mohammed Garba delivered a unanimous judgment in favour of Buhari and his party, the All Progressive Congress .
So, even though Buhari may have thoroughly beaten Atiku at the polls, his victory at the tribunal is because the judicial process makes it nigh impossible for a petitioner to garner the kind of evidence that is needed to prove otherwise.
One glaring instance is the tribunal’s finding that relevant INEC document that should be tendered by witnesses were dumped on the tribunal by the petitioner, instead of tendering each and every one of them through a primary witness, who in accordance with the evidence act, must either be the maker, or receiver, or if a public document, produced from the custody of the document keeper, in such manner as provided by the evidence act.
In the adversarial legal system, the judge stands aloof and allows the theatre of legal combat between the lawyers, and even when one of them is taking an unconscionable advantage of the loopholes in the legal system, he must never descend into the arena.
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