Mr. Chimezie Nwokohu Leslie, a lawyer, spoke to Akani Alaka on why former vice president and presidential candidate of the Peoples Democratic Party, PDP, in this year’s election, Atiku Abubakar, should appeal the decision of the Presidential Election Petition Tribunal on his petition, challenging the declaration of President Muhammadu Buhari as the winner of the 2019 presidential election.
Are you in support of the decision of former Vice President Atiku Abubakar to appeal last Wednesday’s ruling on his petition, challenging the victory of President Muhammadu Buhari in the 2019 presidential election?
He should go to the Supreme Court over the ruling. The issue of certificate was more glaring here. The issue of certificate, as interpreted by the tribunal in that petition was a little bit blurred, it was not glaring. So, I am of the view that the petitioners, Alhaji Atiku Abubakar and the PDP, should go to the Supreme Court to get further clearing, to get the case, especially on that issue of certificate. This is because with the ruling of the tribunal, it means a carpenter, who goes on training abroad is qualified to contest for the presidential election because he has attained a higher training, which is more than the secondary school education.
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But that’s what the Constitution says, according to the tribunal. The Constitution even states that you are qualified if you can speak English…
The Constitution talks about WAEC certificate, that’s the minimum for anybody contesting for a presidential election.
I am not a lawyer, but I know that apart from the WAEC certificate, there are other qualifications stipulated in the constitution, like if you have worked for a number of years or if you can speak English and so on, which the tribunal relied on to make that ruling…
Yes, I am of the opinion that they are not right. That ruling in the eyes of the ordinary men was based on technicalities. The court should come out and say it directly – if you have been a civil servant for 10 years, what are your criteria? A cleaner is a civil servant. And a cleaner, who works in the civil service for 10 years can contest. You have works departments where mechanics work in the civil service. So, if they work for 10 years, as a mechanic, does it mean that after 10 years of working there, they are qualified to contest for the presidency? That seemed to be the case. The former minister of finance was sacked because of the NYSC certificate forgery. And what constitutes forgery is when you declared a certificate that you do not have. So, why was her case different from this one? There has been a Cambridge result, a WAEC result and another result under the affidavit, is that not forgery?
The Tribunal said the certificates were not forged, that Buhari was eminently qualified to contest…
We are saying, did they say that based on the experience he has acquired? But we are saying based on the affidavit he swore to, he was qualified; he committed perjury, he gave false information. He should have declared that based on his service to the nation, he is qualified. But he went ahead to put a certificate that is forged.
Are there other grounds that you think Atiku can make case for the overturn of the judgment of the tribunal at the Supreme Court?
There are other grounds – the rigging of the election and aiding the rigging by the security agencies. There are evidences that the elections were rigged in many parts of the country.
But the tribunal said Atiku was unable to prove the rigging of the election and the claim that security operatives manipulated the election for Buhari.
Yes, they said he abandoned some of the documents he pleaded on that. But I want the Supreme Court to do more on the issue of the certificate. I am of the opinion that the cloud created over the issue by the tribunal could be cleared by the Supreme Court without sentiment.
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But do you think Atiku has any chance of overturning the Tribunal’s judgment at the Supreme Court?
Yes, he has a better chance in the Supreme Court. As far as the presidential election is concerned, the Appeal Court is the court of first instance. The final court is the Supreme Court. I am of the opinion that he should go to the Supreme Court. Most Nigerians think Atiku will win based on the evidence he furnished the tribunal. Many Nigerians are feeling that the lawyers and the judiciary have failed them because most of these things are judged in the people’s conscience first even before the court gave its judgment. Even Buhari’s lawyer had to surrender in the course of the tribunal when he discovered that he was not making much headway. That was because his lawyers were in support of what the lawyers of Atiku were saying. The Buhari team had to abruptly stop calling further witnesses. Many Nigerians believed that there were some unseen hands that manipulated the ruling of the tribunal. And that’s my opinion too.
But some Nigerians also believed that the Supreme Court, where you said Atiku is likely to get better judgment as presently constituted is also leaned towards the government?
Yes, because of the way the former Chief Justice was removed. But still, Atiku’s appeal will help us to improve our jurisprudence. One good thing about the law sometimes is that nobody can be too sure where the pendulum will swing. It will improve on our jurisprudence. You remember the case of Amaechi and Omehia? It becomes a case study that somebody, who did not contest in an election could be declared the winner.
