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BREAKING: Presidential tribunal upholds Buhari’s election, dismisses PDP petitions in its entire
The Presidential Election Petition Tribunal, Wednesday, upheld the election of President Muhammadu Buhari as the actual winner of the February 23 presidential election.
It also said it has come to an inevitable conclusion that the petitioners have not proved any of the grounds of the petition as known by law and consequently discarded the petition in its entirety.
“And the petition is hereby dismissed in its entirety,” says the leading judge, Mohammed Garba.
This development followed a petition dated March 18, by Atiku and PDP challenging the declaration by the Independent National Electoral Commission, INEC, that Buhari as the winner of the February 23, presidential election.
Before the judgment, however, the tribunal took out time to rule on certain pending motions and applications by the parties in the matter.
Part of the resolved applications was that the exclusion of Vice President, Yemi Osibanjo from the petition did not negate the legality of the petition by the petitioner contrary to INEC’s claim.
This is because the tribunal said the constitution places the position of the Deputy Governor and vice president in the shadow as appendages. It further affirmed that the candidates in those capacities are being envisaged in the eyes of the law as interested parties and not necessary parties.
Further, the tribunal dismissed the INEC motion seeking to strike out Atiku’s application challenging Buhari’s qualification as a pre-election matter.
It was ruled that section 138 (1) (a) of the electoral act allows for the filing of petition relating to an allegation of false information. The tribunal, therefore, ruled that it has within its powers to treat the application and make a determination of the details as contained in the petition.
Chairman of the tribunal, Mohammed Garba said, “I’m of the view that section 138 (1) does not fall in the category of a pre-election matter.
- Also, the tribunal struck out the APC motion alleging that Atiku was a Cameroonian and affirmed subsequently that Atiku is a Nigerian and, so qualified to contest the presidential election