Leadership (Abuja)

Nigeria: Yar'Adua's Election Was Perfect - Tribunal

Abuja — My Lords, we have a saying where I come from: that conscience is like a bag and the heart is like a bag and everybody is hanging his or her own."

With these words, Chief Mike Ahamba (SAN), legal counsel to the All Nigeria Peoples Party (ANPP) presidential candidate in the last general elections, General Muhammadu Buhari, reacted to the verdict of the presidential election petition tribunal, which ruled yesterday that his client had no case in respect of the petition he had instituted against President Umaru Musa Yar'Adua and his deputy, Goodluck Jonathan - who had been declared winners of the election by the electoral umpire, INEC.

But President Yar'Adua said the tribunal's unanimous decision confirmed his often stated belief that the acknowledged imperfections notwithstanding, he was the clear winner of the election.

In a strong, emotional voice, Ahamba expressed disappointment with the verdict, saying he was "ambushed" by the tribunal.

He explained that the same tribunal which had prevented him from calling oral witnesses during the trial, later turned around to rule against him because he could not provide oral evidence to prove his case against the respondents.

"I am totally disappointed. Today is a sad day in the history of democracy in this country. We shall contest this judgment at the Supreme Court," he stated.

In the judgment that lasted over three hours and which was witnessed by several state governors, ministers, politicians, members of the National Assembly and others, the tribunal dismissed Buhari's and Abubakar's consolidated petition for lack of evidence.

Delivering judgment, the court said the petitioners, Buhari of the ANPP and former Vice-President Atiku Abubakar of the Action Congress, did not prove that Yar'Adua did not win the April 21, 2007 election lawfully.

The court also ruled that there was no evidence that INEC breached the electoral law in such a way that substantially affected the conduct of the election or the result to the disadvantage of the petitioners.

Dismissing the petition filed by Buhari, Justice John Fabiyi, who read the ruling, declared: "The petition failed because of want of evidence.

"The petitioner failed to prove that there was substantial non-compliance with the Electoral Law 2006 by the electoral agency to substantially affect the result of the election to his disadvantage.

"So the court cannot nullify the election. The onus of proof of substantiality of non-compliance with the electoral law rests on the petitioner and he did not discharge that responsibility."

He said the petitioner did not provide any shred of evidence to back his claim that the result of the election was announced only after results were compiled in 13 out of the country's 36 component states after the election.

The court also dismissed the petitioner's submission that the inspector-general of police engaged in corrupt practices that affected the result of the election to his disadvantage.

"The petitioner could not support the petition and could not sustain any cause of action," the judge said.

He said the petition filed by Abubakar also lacked substantial evidence to convince the court to annul Yar'Adua's election.

Fabiyi also declared that Atiku's argument that INEC did not register millions of voters was not backed by evidence as no-one instituted litigation that he or she was denied registration as a voter.

The court further declared that there was no evidence before it to back Abubakar's claim that ballot papers used during the election were neither numbered serially nor bound into booklet form and affected the result of the election.

"The allegation is, therefore, not enough to invalidate the presidential election," he said.

Buhari and Atiku had urged the court to void Yar'Adua's election on the grounds that the election was a ruse and that votes were merely allotted to candidates by INEC.

They also demanded the nullification of the presidential election on the grounds that the exercise was not conducted in substantial compliance with the provisions of the Electoral Law 2006.

Buhari, who sat throughout the over three- hour ruling read by Fabiyi, said the party had circulated a letter on June 28, last year, expressing its fears about the tribunal.

"We have clearly said we will be going to the Supreme Court," he said.

Chief Ahamba described the ruling as a "black day in the annals of Nigeria's history".

He told newsmen that the ruling called to question the integrity of the tribunal, promising to challenge the judgment at the Supreme Court.

"Even if it is the last thing I will do as a lawyer, I will do it, " he said, while explaining that he was misled by the tribunal not to provide witnesses as part of his evidence.

Reacting to the verdict, the special adviser to the president on communication, Mr. Olusegun Adeniyi, said Yar'Adua reaffirmed his call on both candidates to cooperate with him in moving the country forward.

"His invitation for them to cooperate with him in moving Nigeria forward remains and he calls on them to accept it now in the greater interest of the country," Adeniyi said.

"He reaffirms his total commitment to serving Nigeria to the best of his abilities and running a purposeful and result-oriented administration that will yield tangible and visible benefits for all Nigerians.

"The president also reaffirms his commitment to working with all stakeholders to fully address the problems associated with past elections in the country and achieve a positive reformation of Nigeria's electoral system that will ensure that the problems do not recur."

Adeniyi said the president was gratified that the tribunal unanimously confirmed his belief that the acknowledged imperfections notwithstanding, he was the clear winner of the elections.

The president thanked Nigerians who had remained steadfast in their support for government as it strove to fulfil its mandate.

In the vein, Vice- President Goodluck Jonathan described the tribunal's decision as a victory for all Nigerians, irrespective of their party affiliation.

Jonathan, who spoke to State House correspondents at the Presidential Villa, Abuja, said the judgment was not a victory for himself and Yar'Adua alone.

"The judgment today is not a question of whether the president and myself have won the election. The most important thing is that Nigerians have won.

"We should now expect peace, stability and good governance in the country. It is for all of us. The victory is for all," he said.

He called on the opposition parties to work with the administration to advance the cause of Nigeria and Nigerians both locally and internationally.


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