I am a Nigerian citizen by birth – Atiku

Andrew Orolua, Abuja

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

Atiku and his sponsor, the PDP stated this in their reply to the objection raised by All Progressives Congress (APC) to their petition challenging Muhammadu Buhari victory at the 23 February 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 challenge to Atiku qualification contained in paragraphs 1, 2, 3, 4, 5 and 6 of (APC ) respondent’s reply on the following grounds:

That the said paragraphs being a challenge to Atiku’s qualification under Section 131 (a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and relating to an election petition matter 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 1999 Constitution (as amended) and having not been so brought timeously is therefore, incompetent and statute barred.

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

The petitioners will also contend that APC’s reply is incompetent in so far as the Counsel who signed same has no National Identity Number shown or reflected on the reply contrary to the provisions of the Mandatory Use of National Identification Number,Regulations, 2017, made pursuant to the National Identity Management Commission Act, 2007.

They said however that in the unlikely event that the foregoing objections are not sustained, the petitioners plead as follows by way of reply, contrary to the allegations contained in paragraphs 1, 2, 3, 4, 5 and 6 of the APC’s reply, the petitioners state that Atiku is a citizen of Nigeria by birth and thus qualified to vote and be voted for and returned in the election to the office of the President of the Federal Republic of Nigeria, held on Saturday 23rdFebruary, 2019 going by the relevant provisions of the 1999 Constitution (as amended).

In further response to paragraphs 1, 2, 3, 4, 5, 6 and 8 of APC’s reply, the petitioners stated that Atiku was born on 25th November, 1946 in Jada, Adamawa State by Nigerian parents and he is therefore a citizen of Nigeria by birth.

That his father, Garba Atiku Abdulkadir was a Nigerian by birth who hailed from Wu.mo in present day Sokoto State while the mother, Aisha Kande was also a Nigerian who hailed from Dutse in present day JigawaState.

That the parents of Atiku are both Fulani, a community/tribe indigenous to Nigeria. The birth of Atiku the 1st petitioner in Jada, in present day Adamawa State of Nigeria was occasioned by the movement of his paternal grandfather called Atiku who was an itinerant trader, from Wu.mo in present day Sokoto State to Jada in the company of his friend, Ardo Usman.

“That in Jada, Atiku, the grandfather of the1stPetitioner gave birth to Garba who in tum gave birth to the 1stPetitioner and named him after his own father Atiku.”

“The1stPetitioner’s mother, Aisha Kande was the grand-daughter of Inuwa Dutse who came to Jada as an itinerant trader too from Dutse in present dayJigawaState.

“That all averments concerning Germany, British Cameroons, League of Nations and Plebiscite are false and misleading in relation to the1st petitioner and therefore completely irrelevant more so that the1st petitioner is a Nigerian by birth within the contemplation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“The averments in the aforesaid paragraphs are indeed fabricated,contrived, made in bad faith and designed to embarrass the 1sts petitioner.”

In response to paragraph 7 of the APC’s reply, the petitioners aver that the votes of Atiku, the1st petitioner in the Election of 23rdFebruary,2019 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 lawful votes over and above the votes of Buhari.

In further reaction to Paragraph 7 of the APC’s reply, the petitioners hereby plead and contend that at all times material the1st petitioner has been a Nigerian by birth and has participated in the following career and political activities and has also received the following awards and honours.

That, (a) Atiku was a civil servant in the Nigerian Customs Service for over20 years and retired as a DeputyDirector.(b)Atiku has been a Nigerian politician for about 30 years and in 1992 he contested in the Presidential Primaries under the platform of then Social Democratic Party (SDP) alongside the late Chief M.K.O Abiola and Ambassador Baba -Gana Kingibe.(c) Atiku contested for and won the 1999 Gubernatorial election in Adamawa State under the platform of PDP, the 2nd petitioner.

That (d) the former President Olusegun Obasanjo GCFR and Atiku contested for and won the 1999 and 2003 Presidential Elections,respectively as President and Vice President of the Federal Republic ofNigeria under the platform of Peoples Democratic Party (PDP), the 2nd petitioner.

That (e) Atiku is the recipient of the National Honour of Grand Commander of the Order of the Niger(GCON).(f)

Holder of the traditional title of Turakin Adamawa from1982 to 2017 when he was elevated to Wazirin Adamawa.

That in 2007, Atiku the1st petitioner contested Presidential election under the platform of Action Congress (AC) and the Buhari the 2nd respondent contested under the platform of the All Nigeria Peoples’ Party(ANPP).

In 2014, Atiku the 1st petitioner and Buhari the 2nd respondent contested the Presidential primaries of the All Progressives Congress (APC), the 3rd respondent for the 2015 Presidential elections.

In reaction to paragraph 10 of APC’s reply, the petitioners contend that there was no admission of conspiracy and criminality by the petitioners and reference to admission of conspiracy and criminality is false and unfounded.

In further response to paragraph 10 of APC’s reply, the petitioners contend that the election of 23rd February 2019 by which Buhari was unduly returned was not applauded by observers or members of rival political parties.

As a matter of fact, election observers/monitors noted grave irregularities and manifest flaws in the electoral process and/or conduct of the Presidential election such as arbitrary arrests of the petitioners’ supporters, denial of access to observers in many polling areas, falsification of results and vote buying by the 2nd and 3rd respondents. The relevant reports of the observers/monitors are hereby pleaded.

Contrary to the averments in paragraphs 16 and 17 of APC’s reply, the petitioners contend that the grounds of the petition in paragraph15 (a), (b), (c), (d) and (e) of the petition are valid and do not constitute an abuse of court process.

Contrary to paragraph 23 of APC’s reply, the petitioners contend that the return of Buhari was unduly made.

In reaction to paragraph 29 of APC’s reply, the petitioners aver that the data and scores in INEC’s server were as transmitted by INEC’s officials and those scores are valid, and legitimate. The conduct of elections and declarations of results by INEC is the subject of the present petition.

Contrary to paragraphs 31 and 34 of the APC’s reply, the petitioners contend that the figures and scores in paragraph 22 of the Petition are neither false nor contrived or concocted by the petitioners. Indeed, the ad-hoc staff and officials of INEC in obedience to the training/instruction by INEC transmitted the scores they got from the Polling Units to INEC’s server.

In further response to paragraphs 31, 34, 36, 37, 39 and 40 of INEC’s reply, the petitioners aver that APC through its spokesperson, namely; Mr. Festus Keyamo, SAN, falsely accused the petitioners by a written petition to the Inspector-General of Police and the Director General, State Security Services of breaking or hacking into INEC’s server to obtain the said scores and votes from the 1st Respondent’s Serve r .

That the INEC’s server carries the under listed unique description INEC_PRES_RSLT_SRV2019 whose Physical Address.