Atiku not a Nigerian, APC tells Tribunal
Not eligible to stand for election
By Bukola Olasanmi
The All Progressive Congress (APC) and the winner of the February 23, 2019 Presidential Election, has told the Presidential Election Petition Tribunal in Abuja, that the candidate of the Peoples Democratic Party (PDP) in the poll, Alhaji Atiku Abubakar, is not a Nigerian and therefore not qualified to have stood for the election.
The Party said the former Vice President is a Cameroonian and not a Nigerian citizen, asking the tribunal his petition against President Muhammadu Buhari, be dismissed for lacking in merit.
In a reply to the petition of Atiku and the PDP praying for their declaration as the lawful winner of the presidential poll, the APC said that the 11.1 million votes recorded in favor of the two petitioners should be voided and considered a waste by the Presidential Election Petition Tribunal.
The APC’s reply to the petition, filed by its lead counsel, Lateef Fagbemi (SAN), faulted the candidacy of Atiku in the election insisting that as a Cameroonian, he ought not to have taken part in the presidential poll of Nigeria in the first instance.
The Party averred that Atiku was born on November 25, 1946 in Jada, Adamawa, in Northern Cameroon and is therefore a citizen of Cameroon and not a Nigerian by birth.
The party said before the 1919, Cameroon was being administered by Germany and that following the defeat of Germany in World War 1, which end in 1918, Cameroon became part of a League of Nations mandate territory which consisted of French Cameroon and British Cameroon in 1919.
APC further argued that in 1961, a plebiscite was held in British Cameroon to determine whether the people preferred to stay in Cameroon or align with Nigeria.
According to the party, while Northern Cameroon preferred a union with Nigeria, the Southern Cameroon chose alignment with the mother country and that it was as a result of the plebiscite that Northern Cameroon, which included Adamawa, became a part of Nigeria.
APC therefore said that contrary to the assertion of Atiku in his petition, he (Atiku) had no right to be voted for as a candidate in the election to the office of President of the Federal Republic of Nigeria held on February 23, 2019.
The party averred that by reason of Atiku not having qualified to contest the election, all votes purportedly cast for him and the PDP in the February 23 election are wasted votes.
Besides the issue of the origin of Atiku Abubakar, the APC asserted that most of the claims contained in Atiku’s petition have become statute barred and that the Tribunal is not the appropriate forum to entertain same.
Specially, the APC said that the issue of educational qualification of the President-elect, Muhammadu Buhari, raised by Atiku cannot be treated by the Tribunal because the period for claims and objections on such issues has expired and that the petitioners failed and neglected to use the appropriate period to challenge the validity of the educational qualification of Buhari as contained in the form CF001, submitted to the Independent National Electoral Commission (INEC) in the General Election.
According to the APC, since the petitioners have waived their right to challenge the propriety of information contained in the form CF001 of President Buhari, their petition no longer disclose any reasonable cause of action.
APC also faulted the allegations of non-compliance with relevant laws made by Atiku and PDP, adding that their failure to make specific references to the compliance issue has fatal effect on the petition and therefore the petition did not have enough material to justify the ground of any relief sought.
Atiku had in his petition with reference number: CA/PEPC/002/2019 faulted the conduct of the February 23 Presidential Election on ground of non-compliance with relevance electoral laws and other malpractices such as intimidation of voters, unlawful arrest of his sympathizers and the harassment by soldiers and other law enforcement of those wishing to vote for him.
The former Vice President and PDP claimed to have scored the majority of the lawful votes in the election and prayed the tribunal to declare them as winners of the election.
In the alternative, the PDP candidate prayed for an order for the cancellation of the election and another order by the tribunal directing the INEC to conduct a fresh one that will conform with relevant laws.
But the APC in the reply argued that failure of Atiku to join the Nigerian Army, Police and other security agencies who were alleged to have performed the harassment and intimidation as defendants in the petition to establish his claim is fatal to the petition.
They urged the court to strike out the claims.