Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP) in the February 23 President Elections, and his party, filed a Cross-Appeal at the Supreme Court,
The appeal is challenging the judgement of the Presidential Election Petition Tribunal of September 11, alleging that the President had failed to prove that he has an educational qualification to contest in the election.
The Election Petition Tribunal had dismissed Atiku’s petition in its entirety, challenging the outcome of the last presidential election.
The appeal, filed by Atiku and his political party, PDP, which contains 10 grounds upon which the appeal is brought, one of which states that the President had failed to prove his educational qualification. The issue of certificate was a major source of controversies which spread amongst the nation early this year, where Atiku had alleged that the President had no WAEC certificate.
However, the leading judge at the Presidential Election Petition Tribunal ruled that the President, Muhammad Buhari, has a qualifying certificate.
The 6th ground of Appeal reads.
GROUND 6: ERROR IN LAW
The Learned Justices of the Court of Appeal erred in law when they held as follows: “There is no evidence before the Court to disclaim or prove that the 2nd Respondent lied that he went to Primary School, Secondary School and that he joined the Army in 1962 with RW1 and many other persons in the 2nd Respondent’s C.V. attached to Exhibit P1 tendered by the Petitioners.
Page 1 thereof shows conclusively that he attended Primary School and that he attended Katsina Provincial Secondary School (no Government College) Katsina in 1956 – 1961 and went to Nigerian Military Training from 1961 – 1963. The evidence of RW1 and RW2 bear testimony to the aforesaid facts. The said RW1 and RW2 establish beyond doubt that 2nd Respondent had educational qualifications he filled in FORM CF001 on 8/10/2018.”
PARTICULARS OF ERROR:
1. The educational qualifications the 2nd Respondent claimed in Exhibit P1 are “Primary School Certificate”, “WASC” and “Officer Cadet”.
2. The 2nd Respondent did not predicate his educational qualifications on any other certificate or ground.
3. The 2nd Respondent appreciated that he was under an obligation to attach evidence of the certificates/qualifications he claimed in Form CF001.
4. The 2nd Respondent did not attach any of them and claimed that they “are currently” with the Secretary to the Military Board in an affidavit he deposed to on 24th November, 2014.
5. The Appellants led evidence that the military denied being in possession of the certificates.
6. The information on the issue contained in Exhibit P1 is false and it is of a fundamental nature in aid of his qualification.
7. RW1 and RW2 did not establish in any manner whatsoever that the 2nd Respondent had the educational qualifications he claimed in Form CF001.
8. Proof of educational qualification is not established by so claiming in an Affidavit.
9. The Appellants led sufficient evidence before the lower court to prove that the 2nd Respondent lied concerning the Schools he purported to have attended and Certificates obtained.
10. Exhibit P1 cannot by any stretch of imagination be conclusive proof that the 2nd Respondent attended Primary School and Katsina Provincial Secondary School (now Government College), Katsina from 1956 to 1961 and that he went to Nigerian Military Training School from 1961 to 1963.
11. RW1 and RW2 did not in any way establish beyond doubt, as held by the lower Court, that 2nd Respondent had educational qualifications he filled in Form CF001 on 8/10/2018.
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12. If anything, the evidence of RW1 and RW2 concerning educational qualifications of the 2nd Respondent as filled in Form CF001 on 8/10/2018 is merely hearsay.
13. The 2nd Respondent did not attach to Form CF001, filled on 8/10/2018, the Certificates he claimed to have attained neither did he tender any Certificate before the lower Court as conclusive proof of his educational qualifications.