The Tribunal, in the lead judgment delivered by Justice Garba Mohammed held that the evidence given by the 62 witnesses called by the PDP and Atiku did not have any impact in helping the petitioners’ case, adding that the petitioners could not prove that Buhari was not duly elected.
He further added that Atiku and the PDP have no evidence of non-compliance to the electoral act by the Independent National Electoral Commission, INEC.
Justice Mohammed also held that the only way to prove cases of over-voting, electoral manipulation, among others was to tender the voters’ register, which the petitioner could not provide and that all the witnesses called by the petitioners failed to establish cases of over-voting.
He said failure by the petitioners to prove their case against Buhari and the All Progressives Congress in all grounds has led to the dismissal of the petition filed in its entirely.
Recall the tribunal ruled that Buhari possessed the West African School Certificate Examination, WASCE, which further qualified him to contest the 2019 election.
The court said apart from being qualified, the president also obtained other certificates to validate claims that he is eminently qualified for the presidential poll.
Mohammed, therefore struck out the claims by the PDP and Atiku that Buhari did not possess the needed qualification for the election and that he presented false information to INEC.
In view of overwhelming evidence, the Tribunal chairman struck out PDP’s claims that Buhari did not possess certificate to contest the election and that he presented false information to INEC.
“Where the provision of the law is straight forward, the Court cannot give it an interpretation which it does not suggest,” the court said. “In my view, the provisions of the Electoral Act are clearly inapplicable to the issues in contention.”
The court said the law does not require that a person must attach his certificate before he can be qualified to contest an election.
The court said PDP’s contention is “misconceived as submission of the certificate is not a requirement for the election. The court said Buhari’s military certificate is higher than the school cert.
The Army, the tribunal chairman said, had dismissed the claims made by the petitioners regarding Buhari’s certificate and that the PDP failed to further prove its claims.
The court held that the evidence tendered by the PDP regarding Buhari’s qualifications were not to be relied upon since the PDP was not the original makers of the documents.