By ADAMU S. LADAN
THE Federal Court of Appeal sitting in Abuja will today
deliver judgement in the election petition filed by the ANPP presidential
candidate, General Muhammadu Buhari (rtd), who is challenging the 2003
re-election of Chief Olusegun Obasanjo.
Early last week, the court dispatched notice to deliver
judgement to all the legal practitioners that appeared in the matter.
It could be recalled that General Buhari had filed the
petition in the court through his counsel, Chief Mike Ahamba (SAN) on May
17, 2003.
General Buhari is challenging the results declared by the
Independent National Electoral Commission (INEC) in some state including
Kaduna, Katsina, Kebbi, Kogi, Ogun, Plateau, Sokoto, Rivers, Bayelsa, Akwa
Ibom, Adamawa, Enugu, Imo, Abia among others.
The ANPP flagbearer relies upon the following that to
justify his claim which include:
�That the election is invalid by reason of non-compliance
with the provisions of the Electoral Act 2001; that the election is invalid
by reason of corrupt practices and that President Obasanjo was not qualified
to contest at the time of election.�
General Buhari further averred that Chief Obasanjo and
Atiku Abubakar were not duly elected as president and vice president
respectively by a majority lawful votes cast at the election in each of at
least two-thirds of all the states in the federation and the Federal Capital
Territory, Abuja, in accordance with the provisions of the constitution and
the Electoral Act, 2002.
He also contended that the conduct of the election was
tainted with substantial non-compliance with the relevant provision of the
act, bias, discrimination, violence and official intimidation which make the
election null and void.
The ANPP presidential candidate therefore prayed the
court for an order to declare the election as invalid because of
non-compliance with substantial sections of the Electoral Act 2002.
In the alternative, General Buhari wants the court to
declare that President Obasanjo was not validly elected by a majority of
lawful votes cast in two-third of the states of the federation and the
Federal Capital Territory, Abuja as required by the 1999 constitution of the
Federal Republic of Nigeria.
In his reply, Obasanjo however, urged the court to
dismiss the petition for lack of merit.
However, today�s judgement coming barely few days after
General Buhari�s 62nd birthday will be a milestone in the Nigeria�s
political history.
The petition has entered into history as the first of its kind to reach
this stage, as attempts of this magnitude during the First and Second
Republics never saw the light of the day.
