Once A Loser Always A Loser

The duo of Abubakar and Obi are no doubt on a familiar terrain where failure awaits them like it did in the just concluded Presidential election. They were together in 2019 as they are now.

Nigerians can recall and vividly too that in March 2019, just like it did this week, the tribunal ordered the Independent National Electoral Commission (INEC) to allow Atiku Abubakar and his party, the Peoples Democratic Party (PDP) have access to all certified copies of the materials used in conducting the 2019 presidential election. Peter Obi was Abubakar’s running mate in 2019.

This, according to the Court, is in pursuant to Section 151(1 &2) of the Electoral Act as amended in 2010 which states that:

(1) An order for an inspection of a polling document or an inspection documents of a document or any other packet in the custody of the Chief National Electoral Commissioner or any other officer of the Commission may be made by the election tribunal or the court if it is satisfied that the inspection is required for the purpose of instituting, maintaining or defending an election petition.

(2) A document other than a document referred to in subsection (I) of this section relating to an election and which is retained by the Chief National Electoral Commissioner or any other officer of the Commission in accordance with this section shall be open for inspection on an order made by the Election Tribunal or a Court in exercise of its powers to compel the production of documents in legal proceedings, but shall not otherwise be open for inspection.

The Court also ordered INEC to make available to Mr. Abubakar and the PDP all documents and electoral materials used for the election for the purpose of the inspection.

The Court however, refused the applicants’ prayers for scanning and forensic analysis of the election materials, just as it refused to direct INEC to make available all polling documents for forensic analysis as requested by the applicants. The court, in addition, also refused to order the electoral body to permit forensic experts of the applicants to examine form EC48 and other relevant forms used for the election.

The Court, which dismissed the petition for failing to substantiate their petitions beyond reasonable doubt, said that, “The method of collation and transmission of results according to the Electoral Act is manual at every level. There is no provision in the exhibit that results were transmitted electronically in the 2019 election”, and as a a result, “The petitioners have failed to establish the claim of electronic transmission of results at all levels of the election. Hence, the petitioners failed to prove this aspect of this case.”

Abubakar and his party vowed to seek redress at the Supreme Court, describing the tribunal judgment as “provocative, barefaced subversion of justice, and a direct assault on the integrity of our nation’s justice system”.

They said that, “the tribunal failed to point to justice despite the flawless evidence laid before it, showing that President Buhari was not only unqualified to contest the election but also did not score the majority of valid votes at the polls”.

They added that it was “bewildering that a Court of Law could validate a clear case of perjury and declaration of false information in a sworn affidavit, as firmly established against President Muhammadu Buhari, even in the face of incontrovertible evidence”.

Abubakar and his party said that it was “rudely shocked that the Court took over the roles of the respondents’ lawyers who clearly abandoned their pleadings by refusing to call evidence in defence of the petition. The court raked up all manner of excuses to make up for the yawning gaps occasioned by the total absence of any evidence from the respondents”.

Unfortunately Abubakar and his party, also lost their

appeal, which had 70 grounds at the Supreme Court, as in a unanimous decision threw out the appeal as “lacking merit”. In reaction, Atiku addressed the Nigeria’s judiciary as “sabotaged and undermined”.

It is ironic that this week Abubakar is back to a tribunal though with different Justices on board, whose judgment he and his party said was “provocative, barefaced subversion of justice, and a direct assault on the integrity of our nation’s justice system”, four years ago.

A tribunal he said failed to point to justice despite the flawless evidence laid before it showing that the President was not only unqualified to contest the election but also did not score the majority of valid votes at the polls.

Most likely Abubakar and Obi will be praying the tribunal to allow the scanning and forensic analysis of the election materials,  available all polling documents for forensic analysis and that forensic experts be allowed to examine form EC48 and other relevant forms used for the election.