The case brought against the election of President Muhammadu Buhari by Atiku Abubakir challenging the declaration of President Muhammadu Buhari as winner of the
Presidential election conducted on the 23rd of February 2019 has been dismissed in its entirety.
Delivering the lead judgement, Justice Garba of the Presidential Elections Petition Tribunal held that the President Muhammadu Buhari was qualified to have contested the 2019 presidential election, from the evidences presented by the petitioner.
The Judge held that the president did not only posses the secondary school certificate, but other certificates he obtained from courses he took during his years in the army
All submissions to produce certified true copies of the credentials and attach same was discountenanced.
On the claims that the said school was of no existence, the court held that there are no proof to the said pleadings.
The court held that the onus rests solely on the petitioner to prove that the second respondents was not educationally qualified to have contested the election, which they have failed to do.
The judge also ruled that Any person declared by the returning officer as the winner is deemed correct and the burden is on the person who challenges the authenticity of the declaration to tender evidences and call witnesses to prove otherwise.
Justice Garba added that there is no provision in the electoral act, for the transmitting of election results electronically through the use of smart card readers so the claim that INEC transmitted results electronically is misplaced.
The witnesses called by the petitioner did not prove that the result was transmitted electorally.
The evidence given by the witnesses did not have any impact on the petition in helping the petitioner in proving his case.
