Former vice president and presidential candidate of the Action
Congress (AC) in the last general elections, Alhaji Atiku
Abubakar on Monday told the presidential election tribunal
that the ballot papers, which did not carry serial numbers
as required by the Electoral Act and used for the presidential
election were actually printed by the Nigerian Security Printing
and Minting Plc, contrary to claims by the Independent National
Electoral Commission (INEC) that they were printed in South
Africa.
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•Alhaji
Atiku Abubakar
Photo: Sun News Publishing |
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Atiku, who opened his case against the election victory of
President Umaru Musa Yar’ Adua, also tendered some documents
from 15 states of the federation to buttress his allegation
that the election that produced the president was riddled
with rigging and irregularities, including the non conformity
with the Electoral Act 2006.
A synopsis of the documents admitted by the tribunal as exhibits
from Atiku included the following:
•List of presidential candidates published by INEC on
its website as those standing validly nominated in the election
of April 21, 2007. The list shows that Alhaji Atiku was not
among the candidates
•List of presidential candidates published by INEC and
posted on their boards nationwide as validly nominated to
contest as at March 20, 2007. The list shows that Alhaji Atiku
was not among the candidates.
•The presidential election result as published on INEC
website, showing that no score was recorded for Alhaji Atiku
in the election.
•South African Mail and Guardian Newspaper editions
of April, 26 2007 and May 3, 2007 respectively in which it
was reported that ballot papers for the presidential election
were contracted to be printed only three days to the election;
that they were abandoned after printing while some were air
freighted from South Africa only on the eve of the election.
•Daily Trust newspaper of August, 17, 2007 wherein Yar’
Adua admitted that all INEC commissioners were appointed from
list submitted by Peoples Democratic Party members no matter
where they are posted and that he proposes to reverse the
practice by setting up an electoral reform panel.
•Ballot papers used during the election, which shows
that they were printed by Nigerian Security Printing and Minting
Plc and not in South Africa as claimed by INEC. The ballot
papers did not carry any mandatory serial numbers as required
by the Electoral Act.
Though Atiku was not at the tribunal, his counterpart from
the All Nigeria Peoples Party (ANPP), General Muhammadu Buhari,
who had closed his case against Yar’Adua, was in attendance.
Atiku’s legal team headed by Mr. Rickey Tarfa (SAN)
tendered the documents, which were not opposed by counsel
to Yar’ Adua, Wole Olanikpekun (SAN) and other respondents.
Rickey Tarfa tendered the South African Mail and Guardian
Newspaper editions of April 26, 2007 and May 3, 2007 respectively,
which reported that the printed ballot papers for the presidential
election were contracted to be printed only three days to
the election. It was further reported that some of the ballot
papers were abandoned after printing, while some were air
freighted from South Africa only on the eve of the election.
Atiku submitted: “Ballot papers (used and unused) for
the 21st April, 2007 presidential election showing inter alia,
the imprint of NSPM Plc, colour, variations, endorsed with
zeros (000000000) as serial number and others without any
endorsement as to serial number.”
He punctured the claim by INEC that the ballot papers were
printed in South Africa and said in the document that air
traffic flight schedule (data) at the Murtala Muhammed airport,
Lagos of April 20 and 21, 2007 would be tendered by subpoenaed
witness from National Airspace Management Agency (NAMA).
Atiku also tendered results of the election in 15 states of
federation, including Bayelsa, Akwa Ibom, Benue, Cross River,
Ebonyi, Edo, Ekiti, Niger, Kebbi, Imo and Enugu States. The
Chairman of the tribunal, Justice James Ogebe admitted documents
from all the 15 states.
The vice president also submitted the list of presidential
candidates published by INEC on its website as those standing
validly nominated in the election of April 21, 2007. The list
shows that Alhaji Atiku was not among the candidates.
Other documents include the list of presidential candidates
published by INEC and posted on its boards nationwide as validly
nominated to contest as at March 20, 2007. The list shows
that Alhaji Atiku was not among the candidates.
He said that the presidential election result as published
on INEC website, showed that no score was recorded for him
in the election.
Atiku further told the tribunal that Daily Trust newspaper
of August, 17, 2007 said that President Yar’ Adua admitted
that all INEC commissioners were appointed from list submitted
by Peoples Democratic Party members no mater where they are
posted ; and that he proposes to reverse the practice by setting
up and Electoral Reform Panel.
Atiku would also rely on interim and final reports of all
international and local election observers in respect of the
April 21, 2007 general elections and they include those from
Justice, Development and Peace/Caritas Nigeria, Transition
Monitoring Group, International Republican Institute and European
Union Election Observation Mission.
Others are video clips of national and local television stations
before, during and after the election and they include materials
from Vanguard, Thisday, The Nation, The Punch, The Sun Newspapers
among several other publications.
Meanwhile, General Buhari says that with a voter population
of less than 70 million, compared to India, which has about
600 million voters, Nigeria still does not know how best to
conduct elections.
He spoke during a courtesy visit on the Catholic Bishop of
Abuja Diocese, Reverend John Onaiyekan who emerged recently
as the president of the Christian Association of Nigeria (CAN)
The ANPP presidential candidate noted that India, with a complex
situation in terms of language, religion, ethnicity and population
still manages to do everything right.
The poverty level in India , he said, was serious than the
situation in Nigeria, yet India had continued to showcase
its democratic credentials to the admiration of the entire
world.
While describing violence as a problem caused by the elite,
Buhari warned those involved to be cautious of their actions
so that the country would not be plunged into violence because
of some selfish individuals.
He, however, expressed confidence in the judiciary to stabilise
the polity, saying the judiciary had restored the hope of
the common man.
Responding, Reverend Onaiyekan lamented that many Nigerians
were aggrieved about the conduct of the last election in the
country and wondered why the electoral laws had made it impossible
for voters to go to court to challenge the outcome of the
polls.
He said it was regrettable that everybody agreed that the
April election was a bad job except INEC, adding that since
all Nigerians agreed to the constitution in operation it was
better to go by the rule.
According to him, where there was no justice, there could
not be peace, adding that as a religious body, Christians
would continue to pray for the country so that justice could
be done.
Chief Olanipekun (SAN), in an interview with journalists expressed
delight about the procedure at the tribunal, saying it was
not as scandalous as the one in 2003.
He said that in 2003, it took almost two years before the
tribunal delivered its judgment adding that with the co-operation
by lawyers of all parties before the tribunal, it would not
take more than the necessary period for the tribunal to rule
on all petitions before it.
He said it was a lesson particularly for lawyers on the importance
of expeditious hearing and determination of suit, commending
the judiciary for adding credibility to the nation’s
electoral system.