Supreme Court To Hear Atiku’s Appeal On Wednesday 30th October

*To also hear APC’s cross

The PDP and Atiku are, by their appeal, praying the Supreme Court to reverse the September 11, 2019 decision of the Presidential Election Petition Court (PEPC) in which it upheld President Muhammadu Buhari’s victory.

The Supreme Court is also, on the same day, expected to hear a cross-appeal filed by the All Progressives Congress (APC), challenging a portion of the PEPC’s judgment.

Our correspondent learnt in Abuja on Sunday that lawyers to parties in the appeals ave been duly notified about the hearing date.

The PEPC had, in its judgment, resolved the five issues, it identified for determination, against the petitioners (PDP and Atiku) and in favour of the respondents – the Independent National Electoral Commission (INEC), Buhari and his party, the APC.

The APC, in its cross-appeal, wants the Supreme Court to reconsider PEPC’s decision to accept evidence by three petitioners’ witnesses (numbers 40, 59 and 60).

The witnesses are Atiku’s spokesperson Segun Showunmi, a supposed data expert, David Njorga and a data analyst Joseph Gbenga.

The APC is equally praying the court to expunge at least 42 paragraphs from PDP’s petition.

On their part, the PDP and Atiku, in their 66-ground appeal, faulted the PEPC for holding that Buhari did not need to attach his academic qualifications to the form CF 001 submitted to INEC to secure clearance to participate in the election.

The appellants argued that the Justices of the Court of Appeal erred in law when they relied on “overall interest of justice” to hold that the second respondent’s Exhibits R1 to R26, P85 and P86 were properly admitted in evidence.

The appellants, in pointing out the errors, submitted that the PEPC gave restrictive interpretation to Section 76 of the Electoral Act 2010 (as amended) in order to exclude Form CF001 from its provisions.

“The conduct of election by INEC, which is the first respondent, starts with the screening of candidates. No candidate can be screened unless he completes Form CF001 (Exhibit P1).

“In Form CF001, under the column for ‘Schools Attended/Educational Qualification(s) with Dates,’ there is the clear provision: ‘Attach evidence of all educational qualifications.’ Certificates are evidence of educational qualifications.”

The appellants further argued that “Form CF001 is designed to take care of the provision in Section 31(2) of the Electoral Act (as amended)” regarding the “list or information” a candidate is expected to submit and verify by an affidavit.

“The prescription in Form CF001 for a candidate to attach evidence of all educational qualifications is part of statutory requirements. Form CF001 is made pursuant to statutory provisions.”

The PDP and Atiku also submitted that the learned Justices of the Court of Appeal erred in law when they held thus: “There was/is no pleadings in the petition to the effect that the second respondent’s failure to attach his certificates to Form CF001 amounts to lack of educational qualification to contest the election.-appeal