According to the former vice president, he, unlike his main rival, Tinubu, is unencumbered by controversies of identity and education, among other scandals.
Tinubu was declared winner of the poll with 8,794,726 votes. Abubakar polled 6,984,520 votes, while Peter Obi of the Labour Party (LP), came third with 6,101,533 votes.
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In the petition marked CA/PEPC/05/2023, Atiku and the PDP raised several claims, including the allegation that Tinubu was not qualified to contest the election.
In a preliminary objection opposing the petition, Tinubu described the former vice president as a serial loser who has “been consistently contesting and losing successive presidential elections in Nigeria since 1993, whether at the party primary election level or at the general election.”
But while responding to Tinubu, Atiku admitted that he has been contesting presidential elections since 1993, but he has “a drug-free record”.
Atiku said: “In response to paragraph 8(iv) of the second respondent’s reply, the first petitioner, unlike the second respondent, has consistently been contesting presidential elections, given the first petitioner’s drug-free record, and has never had controversy surrounding his age, circumstances of his birth, state of origin, gender, educational qualification, health status, working career, and citizenship, all issues bordering on constitutional qualification to contest for the office of the President of the Federal Republic of Nigeria.”
Atiku said his own identity, comprising age, state of origin and educational qualifications have never been in dispute like those of the second respondent, insisting that Tinubu is constitutionally disabled from contesting for the office of President.
Among others, Atiku alleged that Tinubu is unfit to lead Nigeria, having been indicted for drug-related offences in the United States of America (USA) and made to forfeit $460,000 as a compromise agreement.
His lead counsel, Chief Chris Uche SAN, justified why the declaration of Tinubu as President-elect cannot stand, adding that against the law, “Tinubu holds dual citizenship of Nigeria and Guinea, having voluntarily acquired the citizenship of the Republic of Guinea.”
Similarly, Atiku accused Tinubu of not disclosing facts of his constitutional qualifications in his Form EC9 submitted to the Independent National Electoral Commission (INEC), contrary to the provisions of the law.
The petitioner while admitting that Tinubu may be a “Titan and a Maestro”, however, said the “President-elect is certainly not a titan and maestro in national stature but in controversies such as age, state of origin, identity, educational qualifications represented by certificates obtained from universities and colleges.”
Apparently reacting to Tinubu’s response in which he described Atiku as a serial election loser, the PDP flag-bearer said Tinubu is a giant in forfeiture, drug-related offences and failure to disclose dual nationality to INEC.
Justifying his request for the annulment of the declaration of Tinubu as President-elect, Atiku said Tinubu and APC never won majority of the lawful votes cast in the February 25 presidential poll.