The Presidential Election Petitions Tribunal on Wednesday granted the request by the Peoples Democratic Party and its presidential candidate, Alhaji Atiku Abubakar, to be allowed to inspect the electo
ral materials used by the Independent National Electoral Commission for the conduct of the February 23 polls.
Delivering the lead ruling, Justice Aboki said by virtue of the provisions of section 151 of the Electoral Act on which the applicants’ motion ex parte was anchored, Atiku and his party were only entitled to inspect the electoral materials and the certified true copies of all the materials used for the polls.
Justice Aboki added, “The orders violated the right of the respondents to fair hearing under section 36 of the Constitution.” It promised to return in one hour’s time to deliver its ruling but did not return until about three hours after. He said it was to enable them to have access to information which would help them to file their petition against the outcome of the presidential election which INEC declared was won by Buhari and the APC.
He, however, expressed doubts that Atiku would get justice because “President Muhammadu Buhari has subverted the Supreme Court by the removal of the Chief Justice of Nigeria, Honourable Justice Walter Onnoghen, and the appointment of the acting Chief Justice of Nigeria .” “Now that former Vice-President Atiku Abubakar has approached the court, it is important to emphasise that he is constitutionally entitled to do so. My personal advice has become irrelevant. I fully support and wish former Vice-President Atiku Abubakar every success,” Agbakoba said.
He recalled that President Buhari who was declared winner of the February 23 election had challenged his losses in court in the successive presidential elections of 2003, 2007 and 2011. “The chairman of the APC, Adams Oshiomhole and other APC leaders have had cause to claim their mandate through the court.
He added, “The frustration of election petitioners has been compounded by several judicial authorities,” with some decisions holding that “an election cannot be questioned on grounds of corrupt practices.” “In Buhari v Obasanjo it was held that the onus of proving electoral malpractice rested on the petitioner.“In several cases winners of fraudulent elections that were annulled were allowed to take part in rerun elections ordered by the courts.”Meanwhile, the Buhari Media Organisation has accused the PDP and Atiku of deliberately inciting their supporters with the false impression of a “stolen mandate.
BMO in a statement signed by its Chairman, Niyi Akinsiju, and Secretary, Cassidy Madueke, said the PDP’s claim was an assault on the sensibility of Nigerians. The pro-Buhari group said it was surprised that the PDP was talking about a mandate with an un-electable presidential candidate that could not win even his polling unit.
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