President Muhammadu Buhari and the APC have ask the Presidential Election Petitions Tribunal to dismiss the petition filed by the Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar, challenging the Feb.23 general election on technicalities and evidential grounds.
The prayers formed the gamut of other requests contained in both Buhari and APC final addresses to be adopted on Aug.23 made available to newsmen on Sunday in Abuja.
APC described Abubakar’s address as “wild goose chase prayer’’ for urging the tribunal to sack Buhari and affirm him (Abubakar) president.
APC alleged that PDP erroneously allowed a candidate who was not a Nigerian by birth to contest the highest position, adding that such was an adventure that violated the provision of the Constitution.
The president and his party, APC therefore, prayed the tribunal to invoke Section 131 (a) of the constitution so as to dismiss the petition.
Section 131 (a) of the constitution strictly holds that a person must be a citizen of Nigeria by birth to qualify to contest the office of the president.
They noted that Atiku was born on Nov.25, 1946 in Jada, a former Adamawa Province of Northern Cameroon before a plebiscite was conducted in 1961 that now made the enclave part of Nigeria.
The parties, therefore, alleged that Abubakar was not qualified to enter the contest as the constitution forbade him from canvassing for votes to become a president.
The president and his party, APC prayed “The tribunal will see this constitutional reason and go ahead to uphold the election of the second respondent (Buhari) forthwith’’.
On evidence admitted from the petitions, the two respondents said they were empty as none had substantially proven series of the allegations made against the conduct of the election.
They explained that none of the 75 witnesses and 31, 287 exhibits which included 48 video clips proved any of the petitioners’ allegations.
They said the petitioners had tried to mislead the tribunal and public that results from the election were transmitted electronically to a central server managed by the Independent National Electoral Commission (INEC).
The respondents noted that it was public knowledge that the Feb.23 general election was conducted with the Electoral Act of 2010 as amended.
“Moreover, the laws in Nigeria do not recognise but actually prohibit transmission of results electronically.
“Sections 52 and 78 of the Electoral Act 2010 have categorically addressed the issue.
“The only means of transmitting election results under the law are through Forms EC8 series. Form EC8A conveys results from Polling Units.
“It is only through these approved forms that election results can be challenged or proven and not through server, imaginary or real,’’ they submitted.
The parties, therefore, submitted that the petitioners’ allegation on the use of server by INEC to transmit results was “criminal and misguided’’.
