The Presidential Election Petition Tribunal on Wednesday held that Alhaji Atiku Abubakar and the PDP have failed to discharge the burden of proof of the allegation of non-qualification of president Muhammadu Buhari to contest the Feb. 23 general election.
Atiku had told the tribunal to nullify Buhari’s election and declare him the authentic winner of the election.
Delivering judgment, Justice Mohammed Garba, held that evidence before the court shows that Buhari obtained Cambridge West African Examination Council (WAEC).
Garba held that it has been established that a candidate is not required under the Electoral Act to attach his certificate to his Form CF001 before a candidate is adjudged to have the requisite qualification to contest the election.
Justice Garba says, “I have no doubt in my mind that the petitioners have failed to prove that the second respondent does not possess the qualification to contest the election into the office of the President as stipulated in section 131, 137, 138 of the Constitution.
”I am also of the firm view that the petitioners have failed to prove that the second respondent submitted false information which is fundamental in nature to aid his qualification to contest the election into the Office of the President as prescribed in section 35(1) of the Evidence Act, 2011.”
“The onus rests squarely on the petitioners to prove their assertion that the 2nd respondent does not possess the educational qualification to contest the election or that he submitted false information which is fundamental in nature to aid his qualification.
”This I have mentioned that the petitioners failed to prove. The petitioners cannot, therefore, rely on any failure in the case.”
The tribunal also held that technological facilities like cardreader, transmission of election results via server were strange to the country’s laws.