INDEED ATIKU IS NOT COMING, BUT WHY?

By Okelo Madukaife

This article written by Farooq Kperogi has predicted that Buhari will win in the 2019 Presidential Election Tribunal where he has been called by Alhaji Atiku Abubakar , presidential candidate of Peoples Democratic Party ( PDP). It is predictable. I agree!

 

The reason according to the author is that the tribunal has been bought to ‘ endorse an election rigged before, during and after the poll’ by failing to sign the electoral act into law, sacking the Chief Justice of Nigeria and making appointments of the son of an INEC director.

 

Is it true that when the 2018 electioral act was not assented to by the president , acting within the veto powers provided by the constitution with clear reasons all translating to not dislocating the election that its process had begun, people kept quiet? No! No one kept quiet. There was a string debate and there were indications that the NASS will override the president. That did not happen. The writer must step out of his or her ego and accept that democratic defeat.

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Gladly, in submitting that that act would have made electronic transmission of results legal ( though not necessarily practicable for issues of network infrastructure) the writer admits that till date electronic transmission of results is illegal, hence admitting inadvertently the real reason why today’ s judgement is predictable, because 50 percent of Atiku,’s argument is about transmission of results. In other words, what the writer brought out obtusely to die hard Atiku supporters already fasting to win an unwinnable case is that even if INEC had gone out of its way and legality to transmit results electronically, the court will quash it.

 

Again when the writer lied that nothing happened when the former CJN was suspended and put on trial for corruption, he forgot that the action pitched the president against the judiciary emotionally. Although the president has since been vindicated by facts that emerged in trial , wounds heal slowly. Yet the writer without a pretext to illustration says the judiciary is bought and goes ahead to feel good in deceiving his audience.

 

The remaining part of Atiku’s case is whether the president is qualified to seek election ás president. Atiku admitted that there are four ways provided by the constitution by which the president could qualify, but narrowed his attempted establishment of a case to only one. Even then the effort failed, because the president has a result which is confirmed from both Cambridge and WAEC and both results agree in content. The twin issues of whether the army is in possession of the certificate or whether it is attached to the form CF 001 are tangential to the grounds upon which an election can be annulled.

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On the flip side, Atiku did nothing in the case to convince the tribunal not to agree with Buhari that the former is a Cameronian in nationality, this losing the locus standing to raise any of the foregoing issues reviewed, nor any of the four grounds espoused by section 138 of the Electoral Act, upon which the election can be questioned. Hence the judgement is predictable.

 

I have not mentioned Section 139 of the Electoral Act in this rejoinder. Never mind, the Tribunal cannot avoid mentioning it. It is focused on the petitioner, not anyone else showing that there wasn’t SUBSTANTIAL COMPLIANCE with the electoral act.

 

Are we about to forget that Buhari in his case against Obasanjo in 2003 established in facts and the tribunal agreed that election were rigged in many states. But was it substantial enough to warrant a reversal? The court took a negative view.

 

Today’s judgement is predictable as Kperogi wrote. But it is not for the twisted reasons geproppsed. Those egoistic reasons are intend to keep the society tensed up.

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