* Election Tribunal Judgment, Affirmation of People’s Will – Jonathan
The Court of Appeal in Abuja on Tuesday threw out the petition of Congress for Progressive Change, CPC, challenging the victory of President Goodluck Jonathan at the April 16, presidential poll.
Delivering judgment in the case, Justice Kumai Akaahs, who led four other Justices, held that the petitioner was unable to discharge the burden of proof on all the allegations against the conduct of the election.
Akaahs said that the allegations of non-compliance with the Electoral Act in the conduct of the election made by the petitioner were “whimsical”, saying that no empirical evidence were put forward to support such allegations.
He explained that the petitioner also failed to prove that voting across the country on election day was marred by corrupt practices.
Akaahs further said that the petitioner did not adduce evidence to show that the votes Jonathan pulled from the election were allotted to him by INEC.
According to him, the petitioner could not convince the court to grant its prayer for the cancellation of the election results from 14 states.
The states are Abia, Akwa-Ibom, Anambra, Bayelsa, Imo, Ebonyi, Jigawa, Nasarawa, Katsina, Cross River, Rivers,Taraba, Enugu as well as the Federal Capital Territory (FCT).
Akaahs stressed that the allegation of use of fake ballot papers and fake result sheets in Benue, Bayelsa, Sokoto, Kwara and Zamfara was not proved.
“It was clear that the petitioner traded with caution throughout the proceedings on the allegation of crimes committed on the election day; witnesses brought by the petitioner testified of their inability to report any of such crimes to the police.
“You see, the court is not a father Christmas; it is a blind personality which deals with tenable prayers that could be backed by tangible evidence.
“The petitioner has not helped its case as most of the witnesses could not prove anything just as the witness statements of the National Chairman of the party; Prince Tony Momoh, was expunged due to the misapplication of his deposition.
“The petitioner did not discharge the burden of proof even in the balance of probability.
“ Dr Goodluck Jonathan and Alhaji Namadi Sambo, having secured the largest votes from the April poll as declared by INEC are hereby upheld as President and Vice President of the Federal Republic of Nigeria; the CPC’s petition is dismissed forthwith for lack of merit,” Akaahs said.
The petitioner who filed the petition on May 8 prayed the court to order for the conduct of fresh election in 14 states.
It further sought the abrogation of the Oath of Office and Oath of Allegiance given to Jonathan and Sambo as they did not score the required one-third votes in 24 states.
Speaking to newsmen after the proceedings, National Chairman of the CPC, Prince Tony Momoh, said that the party would challenge the decision of the Appeal Court.
Chief Alex Izinyon (SAN), counsel to Jonathan, expressed delight about the judgement, saying that the panel did well to have captured all that transpired during the preliminary stage.
Chief Amaechi Nwaiwu (SAN), counsel to PDP, said that the judgment was a meticulous display of in-depth knowledge of the law by the Justices that constituted the panel.
President Goodluck Jonathan hailed the judgment as “a triumph for democracy and an affirmation of the sovereignty of the Nigerian people.’’
In a statement by the Special Adviser to the President on Media and Publicity, Dr. Reuben Abati, the President praised the petitioners; the CPC and its Presidential Candidate, Gen. Muhammadu Buhari, for their respect for the rule of law.
It quoted the president as saying that the petitioners’ recourse to judicial review of their grievances affirmed their faith in the judiciary and the constitution.
It said that Jonathan extended the hands of fellowship to the CPC and Buhari and called on them to accept the decision of the tribunal.
The statement said the president urged the petitioners to “put the past behind them and support his administration’s efforts to transform the nation.’’
“From this day, let us move forward together as we work to deepen the democratic content of our polity and build a nation of our collective desire.
“The judgment of the Presidential Election Petition Tribunal is a victory for all Nigerians,’’ it said
The statement expressed the president’s appreciation to all Nigerians for their steadfastness and support, and re-assured them of the resolve of his administration to continue to provide good governance, anchored on the strong foundations of honesty, transparency, hardwork and fairness to all.