Presidential election: Tribunal dismisses CPC’s case

[DT]

The Congress for Progressive Change (CPC) yesterday lost its bid to  nullify the April 16 presidential election which returned President  Goodluck Jonathan to power.  

CPC filed the petition on May 8  challenging the validity of the election conducted in 14 states and  sought to upturn President Jonathan's victory. But the Presidential  Election Petition Tribunal held that the election was free and fair and  dismissed the petition in its entirety for lacking both merit and  substance.  

CPC had mentioned the Independent  National Electoral Commission (INEC), its Chairman, President Jonathan,  Vice President Sambo and the Peoples Democratic Party (PDP) as 1st to  5th respondents respectively.

The party had asked the tribunal to  declare that President Jonathan was not duly elected by a majority of  lawful votes cast at the April 16 election and that his return to power  was voided by corrupt practices and substantial non compliance with the  relevant provisions of the Electoral Act (2010).

But the tribunal, in a unanimous  judgment held that President Jonathan was validly elected having secured  two thirds (22, 471, 370) of the lawful votes cast during the election.  Justice Kumai Akaahs said CPC failed to discharge its burden of proof  even on the balance of probability.

He said the party did not prove that non  compliance with the provisions of the Electoral Act affected the  election result in any way. He said, "The party seeking nullification of  an election must rely on the strength of his case and not on the  weaknesses of the respondents. Before a petition can succeed on the  grounds of non compliance, the petitioner must prove that non compliance  with the electoral act took place and that it affected the result of  the election."  The tribunal also held that CPC was unable to prove the  criminal allegations it stated in its petition.

CPC had in its petition alleged non  accreditation of voters, rigging, printing of fake ballot papers,  multiple  voting, sharing of money to presiding officers, arbitrary  allocation of votes in different parts of the country and non supply of  election materials.

The tribunal said INEC has no power to  release the electronic database to CPC in its bid to prove its  allegations of rigging and arbitrary votes' allocation, as doing so will  compromise the secrecy of the voters. Moreover, the court held that it  is the statutory duty of INEC to defend the election result as an  independent umpire.

Justice Akaahs said the witness  statements of CPC National Chairman Prince Tony Momoh and its National  Secretary, Buba Galadima which were expunged after Momoh adopted  Galadima's statement, appeared to have been the entire spectrum of the  petition.

CPC had averred that President Jonathan  deliberately ordered the restriction of movement during the election,  but the tribunal held that the President only ordered restriction of  movement so as to ensure smooth conduct of the election.

CPC had in its petition sought a  declaration that President Jonathan and his Vice were not duly elected  in Kaduna, Sokoto, Nasarawa, Kwara, Adamawa, Abia, Akwa Ibom, Enugu,  Cross River, Rivers, Ebonyi, Bayelsa, Delta, Imo, Anambra, Benue, Lagos,  Plateau and the FCT.

The party asked the tribunal to hold  that the results declared by INEC on April 18 by which President  Jonathan returned to power, is wrongful and unlawful.

They similarly sought a declaration that  the election did not produce a winner as contemplated by the provisions  of the 1999 constitution. They asked the tribunal to order INEC to  organize fresh elections between its candidate, retired General  Muhammadu Buhari and the President.

Justice Akaahs however said CPC failed  to prove that President Jonathan's victory was based on corruption, and  that the party had nothing on which to consider the challenge of the  votes secured by the President and his vice.

CPC had called a total of 47 witnesses  but the tribunal said the mere presentation of witnesses does not in any  way prove their case beyond reasonable doubt.

He said, "As the result of the election  was not successfully challenged. The 3rd respondent scored the majority  of lawful votes cast at the election and secured the mandatory one  quarter of the votes cast in all the states of the federation and the  FCT. Consequently the 3rd and 4th respondents won the election conducted  by the 1st respondent on April 16 and were returned by the 2nd  respondent as the duly elected president and vice president  respectively. The petition fails in its entirety and it is hereby  dismissed."

Reacting to the judgment, CPC's national  chairman Prince Tony Momoh said they will appeal the judgment. Also  reacting, former FCT minister Nasir El-rufai said, "We are going to  appeal not because we think we can win but because we want posterity to  judge everybody. We all know that this is the reason why Justice Salami  was removed."

Meanwhile acting chairman of the Peoples  Democratic Party (PDP), Abubakar Kawu Baraje commended the judgment,  saying it has deepened the transformation agenda of the Jonathan  administration.

 



DailyTrust