Again, Atiku, PDP tell tribunal to disqualify Buhari

By Andrew Orolua, Abuja

The Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar have again asked the Presidential Election Petition Tribunal to disqualify President Muhammadu Buhari on the ground that he was not qualified to have contested the election.

The plaintiffs said the issue surrounding Buhari’s qualification falls under the 1999 Constitution as amended and the Electoral Act and therefore, prayed the tribunal to discountenance APC’s argument that it is a pre -election matter.

They said that it is not only a pre-election matter as claimed by Buhari and the All Progressive Congress in their replies to Abubakar Atiku and PDP petitions, but a post-election matter.

They said that the issue of Buhari’s non qualification is a post-election matter which the tribunal is vested with power to adjudicate upon and determine.

These arguments are contained in the PDP and Atiku’s reply to the preliminary objection raised by the APC.

Replying to paragraph six of the preliminary objection, the petitioners contend that the petition discloses reasonable cause of action capable of conferring the court with jurisdiction to entertain same.

In answer to paragraphs 8, 9, 10, 11 and 12 of the preliminary objection, the petitioners state that all the allegations of non-compliance in the petition have been tied to specific polling units, wards and local governments associated with the allegations where irregularities and other infractions took place.

Also, responding to paragraphs 13, 14, and 15 of the preliminary objection alleging failure to join persons named in the paragraphs of the petition, the petitioners contended that the individuals, officers, institutions and personages named in those paragraphs acted for and on behalf of (INEC) as agents and/or on   the authority of the electoral umpire.

Concluding, the petitioners stated that the entirety of the third respondent’s objection is puerile, face saving, vexatious, absolutely and completely unfounded.

… Says am a Nigerian citizen by birth

Presidential candidate of the Peoples Democratic Party (PDP) in the 2019 presidential election, Atiku Abubakar has declared that he is a Nigerian citizen by birth contrary to claims by the All Progressives Congress (APC) that he is not a Nigerian.

Atiku and the PDP stated this in their reply to the objection raised by All Progressives Congress (APC) to their petition challenging Muhammadu Buhari’s victory at the February 23 election.

Though, they said that they will object to APC’s claims regarding Atiku citizenship as being “in bad faith and designed to embarrass him” and the averment questioning his qualification as “speculative and incompetent,” nonetheless, they stated for the avoidance of doubt that Atiku is a Nigerian by birth.

They said that they shall take objection to Buhari’s challenge to Atiku qualification contained in paragraphs 1, 2, 3, 4, 5 and 6 of the respondent’s reply on the following grounds; that the issue of citizenship ought to have been brought within 21 days after the date of declaration of the result of the election under Section 285 (5) of the constitution and having not been so brought is therefore, incompetent and statute barred.

They also contend that the averments in the said paragraphs touching on the qualification of Atiku cannot be raised vide a reply to a petition in the absence of a petition by the APC and having not been supported by any relief in the APC’s reply are hypothetical, academic, speculative and incompetent.

Atiku stated that he was born on November 25, 1946 in Jada, Adamawa state by Nigerian parents and he is therefore, a citizen of Nigeria by birth, and that his father, Garba Atiku Abdulkadir was a Nigerian by birth who hailed from Wurno in present day Sokoto state while the mother, Aisha Kande was also a Nigerian who hailed from Dutse in present day Jigawa state.

That the parents of Atiku are both Fulani, a community/tribe indigenous to Nigeria. The birth of Atiku in Jada, in present day Adamawa state was occasioned by the movement of his paternal grandfather called Atiku, who was an itinerant trader, from Wurnoo in present day Sokoto state to Jada in the company of his friend, Ardo Usman.

“That in Jada, Atiku, the grandfather of the first petitioner gave birth to Garba, who in tum gave birth to the first petitioner and named him after his own father, Atiku. The first petitioner’s mother, Aisha Kande was the grand-daughter of Inuwa Dutse, who came to Jada as an itinerant trader too from Dutse in present day Jigawa state.

“That all averments concerning Germany, British Cameroons, League of Nations and the plebiscite are false and misleading in relation to the first petitioner and therefore, completely irrelevant more so, that the first petitioner is a Nigerian by birth within the contemplation of the constitution. The averments in the aforesaid paragraphs are indeed, fabricated, contrived, made in bad faith and designed to embarrass the first petitioner,” Atiku added.

In response to paragraph 7 of the APC’s reply, the petitioners averred that the votes of Atiku, the first petitioner in the election to the office of the president are not wasted votes and that Atiku being a qualified candidate in the said election, indeed, secured majority of the lawful votes over and above the votes of Buhari.