The presidential candidate of the Peoples Democratic Party (PDP) in the 2019 general elections, Atiku Abubakar, and his party, have formally filed their appeal against the judgement of the presidential election petitions tribunal at the Supreme Court. Atiku and his party filed the appeal on five grounds. They alleged that the panel of the presidential election tribunal erred in law “when they relied on “overall interest of justice” to hold that the 2nd Respondent’s Exhibits R1 to R26, P85, and P86 were properly admitted in evidence.”
They also alleged amongst other reasons that the tribunal erred in law “when they held thus: “My firm view is that Section 76 of the Electoral Act is clearly inapplicable to the issues under consideration. The form referred to are the form to be used in the conduct of the election as FORM CF001 had been taken care of in Section 31 of the Electoral Act and the said FORM CF001 is tied to the steps laid down in the said Section 31 of the Electoral Act.
More importantly, the law is firmly settled that a candidate is not required by the Constitution or the Electoral Act to attach his certificates to FORM CF001 before the candidate can be considered or adjudged to have the requisite educational qualifications to contest the election.” They also alleged that the tribunal erred in law when they held thus: “There was/is no pleadings in the Petition to the effect that 2nd Respondents failure to attach his certificates to Form CF001 amounts to lack of educational qualification to contest the election.