Buhari, Atiku , 5 Others [Agoro, Okeke, Ojukwu, Nwankwo, Owuru] Ask Tribunal To Annul Polls

2 Comments » May 23rd, 2007 posted by // Categories: Favorite Articles

Presidential candidate of the All Nigeria Peoples Party (ANPP)General Muhammadu Buhari (rtd), his Action Congress (AC) counterpart Atiku Abubakar and five other presidential candidates yesterday stormed the presidential poll tribunal with substantive petitions seeking the annulment of the April 21 election.th respondent (Umar Musa Yar

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2 Responses to “Buhari, Atiku , 5 Others [Agoro, Okeke, Ojukwu, Nwankwo, Owuru] Ask Tribunal To Annul Polls”

  1. alukome says:

    May 23, 2007

    Atiku, Buhari, Ojukwu ask tribunal to void Yar’Adua’s victory

    From Lemmy Ughegbe, Abuja

    THIRTY-ONE days after Alhaji Umaru Musa Yar’Adua was declared by the Independent National Electoral Commission (INEC) as winner of the presidential election conducted on April 21, 2007, a legal battle may have begun. Reason:

    The presidential candidates of the Action Congress (AC), All Nigeria Peoples Party (ANPP) and the All Progressive Grand Alliance (APGA) – Vice President Atiku Abubakar, Gen. Muhammadu Buhari (rtd) and Dim Chukwuemeka Odumegwu-Ojukwu yesterday in Abuja filed separate petitions before the presidential election tribunal challenging Yar’Adua’s victory.

    In their separate petitions, they urged the tribunal to nullify the victory of Yar’Adua at the said polls, citing differing reasons. Atiku seeks to void Yar’Adua’s victory on the grounds that the elections were vitiated by acts of unlawful exclusion, widespread corrupt practices, bias and partiality."

    Buhari hinged his argument on the ground that Yar’Adua was constitutionally ineligible to have contested the election on account of his indictment by an Abia State administrative panel of inquiry set up by Governor Orji Uzor Kalu.

    For Odumegwu-Ojukwu, the election was marred by irregularities and widespread malpractices, which substantially affected the outcome of the polls.

    In a 487-page document, which names Atiku, his running mate, Senator Ben Obi and the party – AC as 1st, 2nd and 3rd respondents respectively, the petitioners claimed that "the presidential election held on April 21, 2007 was vitiated by acts of unlawful exclusion, widespread corrupt practices, bias and partiality".

    Yar’Adua, Dr. Goodluck Jonathan, Peoples Democratic Party (PDP), INEC, Prof. Maurice Iwu and the chief electoral commissioner were named as 1st – 6th respondents. The resident electoral commissioners of 35 states, excluding that of Akwa Ibom State and the Federal Capital Territory, were named as the 7th-42nd respondents. Electoral officers in the 774 Local councils nationwide were joined as 43rd – 808th respondent while the Inspector-General of Police and the Chief of Defence Staff were named as 809th and 810th respondents.

    On the issue of unlawful exclusion, the petition contends that although Atiku was duly nominated for the presidential race by his party, the statement of the full names of candidates standing nominated published by INEC evidenced his "unlawful exclusion".

    "In addition to the above act of unlawful exclusion, the 4th and 5th respondents, at different point before and after nomination had closed, repeatedly declared and stated that the 1st petitioner was disqualified from contesting the April 21, 2007 presidential election and implacably maintained this position until the day of election", the petition stated.

    The petitioners observed that although Atiku and Obi were duly nominated by AC as its standard bearers for the presidential poll, INEC and its Chairman, Iwu, "were biased and deliberately failed to give the petitioners equal opportunity as was given to other candidates to participate in the April 21, 2007 presidential election".

    "The petitioner will contend that the action of the 4th and 5th respondents as enumerated in paragraphs (a) – (f) above was deliberate and effectively excluded the 1st and 2nd petitioners from engaging in a meaningful and effective contest as a candidate at the election.

    The trio also contend that "the result of the said election was substantially affected by non-compliance with the provisions of the Electoral Act, 2006.

    To speed up the processes at the tribunals, the President of the Court of Appeal issued guidelines a few weeks ago on how to go about the petition lodged at the presidential election petition tribunal. And so, the petitioners submitted a list of their witnesses as well as statements of the said witnesses, which the petitioners intend to rely on to prove that Yar’Adua was not validly elected.

    Consequently, Atiku seeks the following reliefs:

    it may be determined that Alhaji Umaru Musa Yar’Adua who was returned by the 4th – 6th respondents as the President-elect based on the presidential election held on April 21, 2007 was not duly elected (or returned) and his election be nullified;

    it may be determined that the said presidential election is invalid for non-compliance with the provisions of Electoral Act 2006, which non-compliance had substantially affected the result of the election, and that the election be nullified;

    it may be determined that the said election be invalidated or annulled by reason of widespread corrupt practices, and that the election be nullified;

    it may be determined that a fresh election be conducted into the office of the President of the Federal Republic of Nigeria, in accordance with Section 147 of the Electoral Act, 2006 at which the 1st and 2nd petitioners shall be accorded full and unimpeded right to contest as validly nominated candidates;

    it may be determined that the 5th, 7th – 42nd respondents as
    officials of INEC, who directly and negligently misconducted the April 21, 2007 presidential election in contravention of the provision of the Electoral Act, 2006 be recommended for criminal prosecution by the Attorney General pursuant to Section 157 of the Electoral Act, 2006.

    it may be recommended that the 5th, 7th – 42nd respondents who supervised and/or mis-conducted the April 21, 2007 Presidential Election be prohibited from participating in the conduct of the fresh election, which may be ordered in consequence of this petition.
    Meanwhile, Atiku has asked the tribunal for permission to serve all the states’ resident electoral commissioners and electoral officers in the local councils the processes on the responsible senior officer in the INEC’s office.

    He also sought for the leave of the tribunal to serve the Inspector General of the Police at the Force Headquarters in Abuja and Chief of Defence Staff at the Federal Ministry of Defence also in Abuja.

    Atiku’s defence team include 13 Senior Advocates of Nigeria (SANs) led by Prof. Ben Nwabueze. Others are Prof. Alfred Kasunmu, Alhaji Abdullahi Ibrahim, Prof. Itse Sagay and Mr. Kola Awodein.

    The list also includes Rickey Tarfa, Chief Adeniyi Akintola, Prof. Taiwo Osipitan, Chief Emeka Ngige, Adetunji Oyeyipo, Chief Titus Ashaolu, Kemi Pinheiro and Mike Aondoaka.

  2. Dominic says:

    Clearly, the elections were beset by both malpractice, gross incompetence and sheer hardship, and should be cancelled.

    Nigerians must be discerning, though, because if we are not careful, powerful interests like Atiku and IBB will use this oppourtunity to overwhelm the system and rig themselves into govt yet again.

    Buhari is a coup plotter and if we obeyed the laws of the land, the should really be standing trial for treasonable felony. Appearances notwithstanding, the man is dishonest, an oppourtunist, and has a condescending attitude to nigeria and Nigerians. Wittness how he treated the Oputa Panel. To supporters of Buhari, I ask: Buhari ruled Nigeria before: why did he contest in 2003 again? Why did he contest yet again in 2007? Can’t he support democracy and the younger generation in a different capacity? Is he really eager to serve the nation, or is he just being driven by the same forces that made him a coup plotter??? Even if he is honest, which I don’t believe, is he competent? Does he have what it takes to build a modern economy? Does he get it? Is he educated enough?

    Atiku: Quite obviously, Atiku himself is no democrat. Just look at his political history in Adamawa State. Quite clearly, he rigged elections before, and recently, you only have to look at the AC, how it emerged, how it conducted its primaries, or how the Atiku-OBJ camped rigged the 2003 elections to see that Atiku is a "PDP member" through and through.

    Here’s the deal: Atiku will NOT win a free and fair election in Nigeria, and his real hope is buying up votes or, more likely buying the "You-chop-I-chop" powers that be at the state level. We should support the work of the Tribunal, but we should say a capital NO to the Atiku’s and coup-plotting Buharis of Nigeria.

    We should also keep an eye on the judiciary. Atiku already knew how the supreme court was going to rule in his case. He "had been assured" that he would be cleared. How the heck did he know that? Is Atiku corrupting the judiciary as well? Nigeria needs a clean break, and the OBJ-Atiku era is over.

    Y’Adua? I would like to see him go for a fresh mandate. He gets it, and am talking in terms of what needs to be done both with the economy and with our politics. Where the Buhari’s

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