2003 Elections: Obasanjo Wants Buhari's Petition Dismissed
From Lillian Okenwa in Abuja
President Olusegun Obasanjo has asked the Presidential Election Petition Tribunal sitting at the Court of Appeal, Abuja to dismiss the petition filed by presidential candidate of the All Nigeria Peoples Party (ANPP), Major General Muhammadu Buhari, challenging his victory in the April 19, 2003 presidential polls.
Obasanjo in a 412- page written brief filed on his behalf by his counsel, Chief Afe Babalola, SAN, said Buhari's petition was defective and should be dismissed.
Buhari and ANPP are expected to file their written submissions to establish their case two weeks after the receipt of Obasanjo's brief.
Obasanjo's brief was served on Buhari's counsel, Chief Mike Ahamba (SAN), last Friday.
The President in the written brief listed 14 grounds to justify why the tribunal should dismiss the petition.
That the petitioners failed to join the affected electoral officials against whom serious allegations of misconduct are made in this petition;
That the totality of the evidence led by the petitioners (even if unrebutted) is insufficient to void the presidential election of April 19, 2003;
That the petitioners did not show the effect of their irregularities on the general outcome of the election;
That the petitioners have not established the agency relationship between President Obasanjo and Vice President Atiku Abubakar and those alleged to have been involved in irregularities and misconduct that allegedly marred the election;
That the PDP against whom copious allegations were made by the petitioner is not a party to this petition;
That the petitioners' witnesses are mainly party loyalists/stalwarts who had no official role to play in the conduct of the April 19, presidential election;
That the petitioners have failed to place before this court all the results of the presidential election of April 19, 2003 to enable the court to consider their alternative relief by this court;
That the petitioners cannot seek to nullify the presidential election of April 19, 2003 on one hand and ask the court to declare that they won by majority of lawful votes cast on the other hand;
That the presidential election of April 19, 2003 was conducted in substantial compliance with the provisions of the Electoral Act 2002;
That President Olusegun Obasanjo has not been elected twice as President of Nigeria under the 1999 constitution;
That the evidence of the petitioners' witnesses is limited to an insignificant part of Nigeria having regard to the number of units, wards, local government areas and states in Nigeria;
That the petitioners have not placed anything before the court to assist it in determining the substantiality of the scope of their allegation;
That the allegation of corrupt practices was not proved beyond reasonable doubt as provided by law and
That there is no evidence that the allegations of non-compliance was substantial enough to warrant the overturning of the victory of President Obasanjo who scored 24,456,140 against 12,710,020 scored by Buhari.
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