The presidential tribunal sitting in Abuja on Tuesday has reserved judgment on the petition filed by the Peoples Democratic Party candidate in the February 25 presidential election, Atiku Abubakar.
Atiku is challenging the declaration of President Bola Tinubu as the winner of the election.
Respondents in the suit are the Independent National Electoral Commission, Bola Tinubu, and the All Progressives Party.
The tribunal, after adopting the parties’ final written addresses, reserved judgment on the petition.
The Chairman of the Tribunal, Justice Simon Tsammani, said judgment would be delivered on the matter at a date to be communicated to all the parties involved.
Atiku’s lead counsel, Chris Uche, SAN, while presenting his final address said the fact that no presidential election had been nullified should not be a reason there should not be one.
He insisted that the glitches experienced during the transmission of results were deliberate to allow manipulation.
Uche insisted that Tinubu be disqualified on the strength of the American Court judgment where he was made to forfeit $460,000 on narcotics and money laundering-related offences.
He urged the tribunal to accord value to the European Union report.
Uche, however, called on the tribunal to grant the reliefs by the petitioner or in the alternative nullify the election and order a rerun.
APC’s counsel, Lateef Fagbemi argued that there is no documentary or oral testimony from Chicago University denying Tinubu’s studentship.
The forfeiture was a civil one and is not a disqualification factor.
He said, “The forfeiture proceedings do not fit into the prescription of qualification.
“It is not a disqualifying factor. No evidence of arraignment or pleadings. It was a civil forfeiture proceeding.”
He also argued that the matter of the forfeiture happened 20 years ago, adding that, “without conceding our constitution is a forgiving one.”
He also said a clear bill of health had been given by the United States of America.
On the relief on dual citizenship of the president, Fagbemi citing section 137 (1a) argued that said a citizen by birth cannot be disqualified because he has citizenship of another country.
On his part, President Tinubu’s counsel, Wole Olanipekun SAN, said that the petition be dismissed because the grievances of Atiku and PDP are targeted at the Independent National Electoral Commission.
Olaonipekun urged the court to dismiss the petition for lacking in merit, describing the petitioner as a meddlesome interloper.
He also said the FCT is the 37 states for the purpose of election. The second respondent had 2/3 of one-quarter of the votes in Abuja.
INEC’s counsel, Abubakar Mahmoud said evidence adduced by the petitioners themselves showed the good intentions of INEC to conduct a credible election with the adoption of technology.
He said the petition failed woefully to establish that the glitch on IReV was caused by human interference and that it affected the outcome of the election.
He said, “On the transmission, we are not in disagreement that there was a glitch. Where we differ is the source of the glitch.
They failed woefully to establish that the glitch on IReV was caused by human interference and that it affected the outcome of the election.”
Mahmoud said the argument that winning 25 per cent of votes in the FCT is a requirement for winning the election “is absurd”.
(PUNCH)
