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Tribunal Endorses Yar'Adua's Election
Abuja, Feb. 26, 2008
The Presidential Election Petition Appeal Court has dismissed petitions demanding the
nullification of the election of President Umaru Yar'Adua and his deputy, Goodluck Jonathan.
Delivering judgment, the court said the petitioners, retired Gen. Muhammadu Buhari of the
ANPP and former Vice-President Atiku Abubakar of the Action Congress, did not prove that
Yar'Adua did not win the April 21, 2007 presidential election lawfully.
The court also ruled that there was no evidence that INEC breached the electoral law in such
a way that substantially affected the conduct of the election or the result to the disadvantage
of the petitioners. Dismissing the petition filed by Buhari, Justice John Fabiyi, who read the
ruling, declared that: ``The petition failed because of want of evidence.
``The petitioner failed to prove that there was substantial non-compliance with the Electoral
Law 2006 by the electoral agency to substantially affect the result of the election to his
disadvantage. ``So the court cannot nullify the election. The onus of proof of substantiality of
non-compliance with the electoral law rests on the petitioner and he did not discharge that
responsibility,'' the judge said.
He said the petitioner did not provide any shred of evidence to back his claim that the result of
the presidential election was announced only after results were compiled in 13 of the country's
36 component states after the election. The court also dismissed the petitioner's submission
that the Inspector-General of Police engaged in corrupt practices that affected the result of the
election to his disadvantage.
``The petitioner could not support the petition and could not sustain any cause of action,'' the
judge said. He said the petition filed by Abubakar also lacked substantial evidence to convince
the court to annul the election of President Yar'Adua.
Justice Fabiyi also declared that Abubakar's argument that INEC did not register millions of
voters was not backed by evidence as no-one instituted litigation that he or she was denied
registration as a voter. The court also declared that there was no evidence before it to back
Abubakar's claim that ballot papers used during the election were neither numbered serially nor
bound into booklet form and affected the result of the election.
The allegation is, therefore, not enough to invalidate the presidential election Justice Fabiyi
said. Buhari and Abubakar had urged the court to void the election of Yar'Adua on the claim
that the election was a ruse and that votes were merely allotted to candidates by INEC.
They also demanded the nullification of the presidential election on the claim that the exercise
was not conducted in substantial compliance with the provisions of the Electoral Law 2006.
Meanwhile, AC presidential candidate, Alhaji Atiku Abubakar, said that the promise of hope
and restoration had been broken by the tribunal's verdict upholding President Umaru
Yar'Adua's election.
Speaking after the judgment, the former vice-president said the judgment was not a decision
against Atiku or the AC, but a ``judgment against the peace-loving people of Nigeria''.
He said the people have had their voices silenced by the judgment and that he believed that ``the
wrong would be corrected''.
" I remain unshaken and steadfast in my belief that there is no alternative to democracy ``It
(judgment) was passed to silence us but they are wrong, democracy is not about elections
alone, it incorporates practice, customs and ethos,'' he said.
The AC candidate said he had instructed his lawyers to compile the tribunal's proceedings and
file an appeal at the Supreme Court to overturn the lower court's judgment.
Atiku thanked his supporters for their patience, saying that one day, they would be vindicated.
He, however, called on them to remain calm and law abiding.
Abuja, Feb. 26, 2008
- Says Petition Lacks Substantial Evidence
- Atiku Heads To Supreme Court
The Presidential Election Petition Appeal Court has dismissed petitions demanding the
nullification of the election of President Umaru Yar'Adua and his deputy, Goodluck Jonathan.
Delivering judgment, the court said the petitioners, retired Gen. Muhammadu Buhari of the
ANPP and former Vice-President Atiku Abubakar of the Action Congress, did not prove that
Yar'Adua did not win the April 21, 2007 presidential election lawfully.
The court also ruled that there was no evidence that INEC breached the electoral law in such
a way that substantially affected the conduct of the election or the result to the disadvantage
of the petitioners. Dismissing the petition filed by Buhari, Justice John Fabiyi, who read the
ruling, declared that: ``The petition failed because of want of evidence.
``The petitioner failed to prove that there was substantial non-compliance with the Electoral
Law 2006 by the electoral agency to substantially affect the result of the election to his
disadvantage. ``So the court cannot nullify the election. The onus of proof of substantiality of
non-compliance with the electoral law rests on the petitioner and he did not discharge that
responsibility,'' the judge said.
He said the petitioner did not provide any shred of evidence to back his claim that the result of
the presidential election was announced only after results were compiled in 13 of the country's
36 component states after the election. The court also dismissed the petitioner's submission
that the Inspector-General of Police engaged in corrupt practices that affected the result of the
election to his disadvantage.
``The petitioner could not support the petition and could not sustain any cause of action,'' the
judge said. He said the petition filed by Abubakar also lacked substantial evidence to convince
the court to annul the election of President Yar'Adua.
Justice Fabiyi also declared that Abubakar's argument that INEC did not register millions of
voters was not backed by evidence as no-one instituted litigation that he or she was denied
registration as a voter. The court also declared that there was no evidence before it to back
Abubakar's claim that ballot papers used during the election were neither numbered serially nor
bound into booklet form and affected the result of the election.
The allegation is, therefore, not enough to invalidate the presidential election Justice Fabiyi
said. Buhari and Abubakar had urged the court to void the election of Yar'Adua on the claim
that the election was a ruse and that votes were merely allotted to candidates by INEC.
They also demanded the nullification of the presidential election on the claim that the exercise
was not conducted in substantial compliance with the provisions of the Electoral Law 2006.
Meanwhile, AC presidential candidate, Alhaji Atiku Abubakar, said that the promise of hope
and restoration had been broken by the tribunal's verdict upholding President Umaru
Yar'Adua's election.
Speaking after the judgment, the former vice-president said the judgment was not a decision
against Atiku or the AC, but a ``judgment against the peace-loving people of Nigeria''.
He said the people have had their voices silenced by the judgment and that he believed that ``the
wrong would be corrected''.
" I remain unshaken and steadfast in my belief that there is no alternative to democracy ``It
(judgment) was passed to silence us but they are wrong, democracy is not about elections
alone, it incorporates practice, customs and ethos,'' he said.
The AC candidate said he had instructed his lawyers to compile the tribunal's proceedings and
file an appeal at the Supreme Court to overturn the lower court's judgment.
Atiku thanked his supporters for their patience, saying that one day, they would be vindicated.
He, however, called on them to remain calm and law abiding.