My statement on Atiku, PDP misconstrued – Agbakoba

Former President of the Nigeria Bar Association, Olisa Agbakoba (SAN) has said his comments on the planned petition by the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar over the February 23 presidential election was misconstrued.

It was reported previously that Agbakoba had advised the PDP and Atiku to avoid litigation after the Independent Electoral Commission (INEC) announced President Muhammadu Buhari of the All Progressives Congress (APC) winner of the February 23 Presidential election.

But, in a statement signed by the senior advocate signed on Wednesday, he said his advice on the futility of the PDP should not be taken to mean he was suggesting that Atiku Abubakar and the party will fail at the tribunal.

The statement reads: “Much has been said about my position on former Vice President Atiku Abubakar approaching the court to challenge the result of the February 23 Presidential election.

“I have been misquoted to say the former vice president will lose at the Presidential Election Tribunal. That is far from the truth. I meant the former vice president will face an uphill task, given the circumstances of challenging the election results.

“My initial decision to charge former Vice President, Atiku Abubakar, not to go to court is based on the fact that President Muhammadu Buhari has subverted the Supreme Court by the removal of the Chief Justice of Nigeria, Justice Walter Onnoghen and the appointment of the acting chief justice of Nigeria.

“My perception is that we need to resolve the status of the Supreme Court. I wonder what is taking the National Judicial Council so long. I am also worried about the historical precedent, as no petition on presidential election result has ever succeeded.”

Agbakoba also said as an experienced election petition lawyers, he knows that the burden of proof to succeed in an election petition is unfairly huge.

“We have to prove first, that there are electoral irregularities and in my view, once you prove this, you should succeed but, unfortunately even if you prove electoral irregularities you will have to show how that affected the results of the election.

“Remember that the gap between former Vice President, Atiku Abubakar, and President Muhammadu Buhari is about 4 million votes,” he said.

He wished Atiku Abubakar and his party well and does not believe his advice overrides the constitutional rights of the PDP, adding that “it is clear to me that the Presidential election results were manifestly riddled with electoral irregularities.

“Now that former Vice President, Atiku Abubakar, has approached the court, it is important to emphasise that he is constitutionally entitled to do so. My personal advice has become irrelevant. I fully support and wish former Vice President, Atiku Abubakar, every success.”