Why Court of Appeal rules in favour of Buhari

IN THE COURT OF APPEAL, IN THE PRESIDENTIAL ELECTION PETITION COURT HOLDEN AT ABUJA ON WEDNESDAY, THE 11TH DAY OF SEPTEMBER, 2019 BEFORE THEIR LORDSHIPS MOHAMMED LAWAL GARBA JUSTICE COURT 0F APPEAL, ABDU ABOKI JUSTICE COURT OF APPEAL JOSEPH SHAGBAOR IKYEGH JUSTICE COURT OF APPEAL, SAMUEL CHUKWUDUMEBI OSEJI JUSTICE COURT OF APPEAL, PETER OLABISI IGE JUSTICE COURT OF APPEAL.
PETITION NO: CA PEPC 002 2019
BETWEEN: 1. ATIKU ABUBAKAR , 2.PEOPLES DEMOCRATIC PARTY (PDP) ……………… PETITIONERS/ RESPONDENTS 
AND
 1. INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) …RESPONDENT2. MUHAMMADU BUHARI…. APPLICANT/RESPONDENTS 3.ALL PROGRESSIVE CONGRESS (APC) …..RESPONDENTS/ RESPONDENTS 
Judgement delivered  by Juatice Garba Mohammed JCA……Presiding Justice

The Petitioners who participated in the election were aggrieved by the outcome and have approached the Court vide their Petition dated and filed on the 18th day of March 2019, praying the Court as follows:Wherefore the Petitioners pray jointly and severally against the Respondents as follows:That it may be determined that the 2nd Respondent was not duly elected by a majority of lawful votes cast in the said election and therefore the declaration and return of the 2nd Respondent by the 1st Respondent as the President of Nigeria is unlawful, undue, null, void and of no effect. That it may be determined that the 1st Petitioner was duly and validly elected and ought to be returned as President of Nigeria, having polled the highest number of lawful votes cast at the election to the office of the President of Nigeria held on 23rd February 2019 and having satisfied the constitutional requirements for the said election. An order directing the 1st Respondent to issue Certificate of Return to the 1st Petitioner as the duly elected President of Nigeria. That it may be determined that the 2nd Respondent was at the time of the election not qualified to contest the said election. That it may be determined that the 2nd Respondent submitted to the Commission affidavit containing false information of a fundamental nature in aid of his qualification for the said election. 

Atiku Vs Buhari : Hearing starts

IN THE ALTERNATIVE 
That the election to the office of the President of Nigeria held on 23rd February 2019 be nullified and a fresh election ordered.
The grounds of the said Petition set out in paragraph 15 are as follows:The 2nd Respondent was not duly elected by majority of lawful votes cast at the election. The election of 2nd Respondent is invalid by reason of corrupt practices. The election of the 2nd Respondent is invalid by reason of non compliance with the provisions of the Electoral Act, 2010 (as amended).The 2nd Respondent was at the time of the election not qualified to contest the said election. The 2nd Respondent submitted to the 1st Respondent an Affidavit containing false information of a fundamental falsehood in nature in aid of his qualification for the said election. 
The Respondents were duly served with the aforesaid Petition. 
It is here relevant to state that each of the Respondents incorporated and raised Preliminary Objections bordering on the competence of Petition and the jurisdiction of this Court in their respective reply to the petition. This was soon followed by series of applications by the parties. Many of the applications have been dealt with during pre-hearing session and rulings delivered. The motions challenging the jurisdiction of the Court/competence of the petition were also duly heard but ruling on them were suspended and later  delivered at this stage of final judgment in this matter. 
The hearing of the Petition commenced on 4th day of July, 2019 when the petitioners opened their case. They called a total of 62 witnesses and closed their case on 19th day of July, 2019. The 1st Respondent through its Learned Senior Counsel Yunus Ustaz Usman (SAN) informed the Court he would rely on the evidence of the petitioners witnesses as according to him the evidence preferred supports its defence to the Petition. 
The Learned Senior counsel to the 2nd respondent Chief  Wole Olanipekun (SAN) opened the defence of the 2nd respondent on 30th July, 2019 and called seven (7) witnesses in support of the defence of 2nd Respondent to the Petition. The 2nd respondent’s case was closed on 1st August 2019. The Learned Senior counsel to the 3rd respondent Prince  R. O. Fagbemi  (SAN) on the same date informed the Court that the 3rd respondent would like to adopt lst respondent approach and, rely on the evidence led by the petitioners for 3rd respondent’s defence as according to Learned Silk, enough evidence has been elicited under cross examination of the petitioners witnesses. In addition 3rd pespondent also stated it would rely on the testimonies of the witnesses called by the 2nd respondent. 
The Court ordered the parties to file final written addresses all of which were duly filed and exchanged between the Learned Senior Counsel to the Parties. The adoption of written addresses aforesaid was fixed for 21st August 2019. 
On 21st August, 2019 the Learned Senior counsel to the parties adopted their said final written addresses and made adumbration. 
The learned senior counsel to the 1st respondent Yunus Ustaz Usman (SAN) nominated four issues for determination of the petition namely:
“(a) Whether having regard to  the evidence before this honourable Court , the petitioners have been able to to establish that the 2nd respondent was not duly elected by majority of lawful votes cast at the election.
(b) Whether the petitioners by their pleadings and evidence have been able to establish that the election was invalidated by reason of corrupt practices.
(c)Whether there exists sufficient evidence for the Court to hold that the election of the 2nd respondent is invalid by reason of non compliance with the provisions of the Electoral Act.
(d) Whether the petitioners have established the alleged non qualification of the 2nd respondent , and giving of false information.
The learned silk to the 2nd respondent Chief Wole Olanipekun (SAN) formulated three issues for determination in this petition as follows:
(a)Having regard to the clear provision of Section 131 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), stipulating the qualifications for election to the office of President ,as well as the known antecedents and pedigree of the 2nd respondent, whether the petitioners have been able to make any case that the 2nd respondent was not qualified to contest the Presidential election held on 23rd February 2019and or that he submitted false information to the 1st respondent in his form CF001.
(b) Considering the pleadings of the petitioners and the evidence proffered by them whether the petitioners have not woefully failed to prove any of the allegations of non compliance with the provisions of the Electoral Act, 2010 (as amended), corrupt practices and that the 2nd respondent was not duly elected by majority of lawful votes cast at the Presidential election of 23rd February, 2019.
(c) Considering the feeble case presented by the petitioners before this honourable Court whether the Court can degree that the 1st petitioner was duly and validly elected as President of the Federal Republic of Nigeria at the Presidential election held on 23rd February, 2019.

On his part the Learned Senior Counsel to the 3rd Respondent Prince  L. O. Fagbemi (SAN) identified six (6) issues for the Court determination of this Petition thus:(a) Whether in the circumstances of this petition ,the petition is competent and whether the paragraphs which the 3rd respondent is objecting to are regular and valid?

(b) Whether the 2nd respondent was at the time of the election not qualified to contest the said election?
(c) Whether the 2nd respondent submitted to the 1st respondent an affidavit containing false information of a fundamental nature in aid of his qualification for the election.
(d) Whether the petitioners have proved the allegation of corrupt practices in the conduct of the election into the office of the president of the Federal Republic of Nigeria beyond reasonable doubt?
(e) Whether or not the Presidential election held on the 23 day of February v2019 was conducted by the 1st respondent in substantial compliance with the provisions of the Electoral Act, 2010/(as amended),the guidelines and manual for election officials,2019.
(f) Whether the 2nd respondent was duly returned with majority of lawful votes cast at the election into the office of the President of the Federal Republic of Nigeria held on the 23rd February ,2019.”

DR. Livy  Uzoukwu (SAN)for the petitioners raises five (5) issues for determination and they are as follows:
(1) Whether the  2nd respondent was at the time of the election not qualified to contest the election.
 (2) whether the2 d respondent submitted to the 1st respondent affidavit containing false information of a fundamental nature in aid of his qualification for the said election.
(3) Whether from the pleadings and evidence led it was established that the 2nd respondent was duly elected by majority of lawful votes cast at the election.
(4.) Whether the Presidential election conducted by the 1st respondent on 23rd February ,2019 was invalid by reason of corrupt practices .
 (5) Whether the Presidential election conducted by the 1st respondent on 23rd February ,2019 was invalid by reason of non compliance with the Electoral Act, 2010 (as amended) and the Electoral Guidelines 3019 and manual issued for the conduct of elections.
The same five issues were raised in Petitioner’s final written address in reply to the final written address of each of the respondent’s to the petition. 
I am of the view that the issues formulated by the DR. Livy Uzoukwu, (SAN ) for the petitioners can be utilized for the determination of the petition herein and the said issues will be considered in the sequence they were treated or argued by the learned senior counsel to the petitioners. 
ISSUES 1 AND 2 
l. Whether the  2nd respondrnt was at the time of the election not qualified to contest the election.
Whether the 2nd respondent submitted to the 1st respondent affidavit containing false information of a fundamental nature.

To be continue next week.
RECORD