Some details of the petition filed on Monday by the Peoples Democratic Party and its presidential candidate in the February 23 election, Alhaji Atiku Abubakar, to challenge the victory of President Muhammadu Buhari and his All Progressives Congress, emerged on Tuesday.
The petition, which sought to rely on 50 sets of documents, was filed
before the Presidential Election Petitions Tribunal in Abuja against
the Independent National Electoral Commission, Buhari and the APC as the
first to the third respondents, respectively.
INEC had on February 27, 2019 declared that Buhari won the election
with 15,191,847 votes to defeat Atiku, whom it said polled 11,262,978
But the petitioners stated in their 139-page petition that “from the
data in the 1st respondent’s (INEC’s) server…the true, actual and
correct results” from “state to state computation” showed that Atiku
polled a total of 18,356,732 votes to defeat Buhari whom they said
scored 16,741,430 votes.
They said the results were the total votes scored by the candidates
in 35 states and the Federal Capital Territory Abuja, as there was “no
report on sever” about the results from Rivers State as of February 25,
By this, Atiku claims to have defeated Buhari with 1,615,302 votes.
One of the five grounds of the petition also tends to resuscitate the
allegation that Buhari was not qualified to run for the office of the
President on the grounds that he did not possess the constitutional
minimum qualification of a school certificate.
The five grounds of the petition read, “The 2nd respondent (Buhari)
was not duly elected by the majority of lawful votes cast at the
“The election of the 2nd respondent is invalid by reason of corrupt practices.
“The election of the 2nd Respondent is invalid by reason of
non-compliance with the provisions of the Electoral Act, 2010 (as
“The 2nd respondent was at the time of the election not qualified to contest the said election.
“The 2nd respondent submitted to the 1st Respondent an affidavit
containing false information of a fundamental nature in aid of his
qualification for the said election.”
Arguing that Buhari was not qualified to run for the office of the
President, the petitioners argued in part, “The petitioners state that
the 2nd respondent (Buhari) does not possess the educational
qualification to contest the election to the office of the President of
Federal Republic of Nigeria.
“The petitioners state that by Section 31 (1) of the Electoral Act,
2010 (as amended), every political party shall not later than 60 days
before the date appointed for a general election submit to the
Commission in the prescribed form the list of the candidates the party
proposes to sponsor at the elections.
“Further, by Section 31(2) of the Electoral Act, 2010 (as amended),
the list or information submitted by each candidate shall be accompanied
by an affidavit sworn to by the candidate at the Federal High Court,
High Court of a State or Federal Capital Territory indicating that he
has fulfilled all the constitutional requirements for election into that
“The 2nd respondent filled and submitted Form CF001 to the 1st
Respondent, which was declared before the Commissioner for Oaths at the
Registry of the High Court of the Federal Capital Territory, Abuja on
the 8th day of October, 2018. The said Form CF001 is accompanied by an
ACKNOWLEDGEMENT indicating that the 1st Respondent received same.
“The petitioners aver that the said Form CF001 filled by the 2nd
Respondent and submitted to the 1st Respondent for the Office of
President was also accompanied by the Curriculum Vitae of the 2nd
Respondent as well as GENERAL FORM OF AFFIDAVIT duly sworn to by the 2nd
respondent at the High Court of the Federal Capital Territory, Abuja,
along with copies of his Membership Card of the 3rd Respondent and Voter
“The information submitted to the 1st respondent (INEC) by the 2nd respondent (Buhari) is false and of a fundamental nature in aid of his education qualification, notwithstanding that he had declared in the said sworn affidavit as follows: ‘I hereby declare that all the answers, facts and particulars I have given in this Form, are true and correct and I have to the best of my knowledge, fulfilled all the requirements for qualifications for the office I am seeking to be elected’.”
Source : Naijaloaded!