Tuesday, 01 November 2011 14:40
Presidential Election Tribunal sitting in Abuja today rejected a challenge to President Goodluck Jonathan's victory in an April election and rejected demands by the main opposition party for a recount in several areas of the country. Jonathan was declared winner of the April 16 election with 59 percent of the vote. But his
nearest rival, former military ruler Muhammadu Buhari, who polled 32 percent, refused to accept the outcome.
Buhari's Congress for Progressive Change (CPC) party filed a petition to challenge the result in May, arguing that the vote was marred by irregularities.
"The petition fails in its entirety and is hereby dismissed," Justice Kumai Akaahs told the court Tuesday, reading out a unanimous decision by five judges.
The CPC said electoral commission computers were rigged to sway the count against Buhari, a northern Muslim, in parts of the north, and that the ruling People's Democratic Party (PDP) vote was inflated in some of its southern strongholds.
"The result of the election was not successfully challenged," Akaahs said. "The third respondent (Jonathan) scored the majority lawful votes cast at the election."
"It is clear that the burden of proof of the allegations contained in the petition, be it criminal or for substantial non-compliance, rests with the petitioner. The petitioner did not discharge this burden."
The CPC's national chairman Tony Momoh said it would appeal the decision. But in statement, President Jonathan said the "Election Tribunal Judgment, Affirmation of People’s Will".
In a Press release dated November 1, 2011, signed by Reuben Abati, Special Adviser to the President, Media & Publicity and made available to elombah.com President Goodluck Ebele Jonathan 'welcomed the judgment of the Presidential Election Petition Tribunal, delivered today in Abuja at the Court of Appeal, which upheld his election as President of the Federal Republic of Nigeria.'
The President in the statement described the judgment as a triumph for democracy and an affirmation of the sovereignty of the Nigerian people.
He praised the Congress for Progressive Change (CPC) and its Presidential Candidate, General Muhammadu Buhari, for their respect for the rule of law and the Constitution, saying their recourse to judicial review of their grievances affirms their faith in the nation’s judiciary.
Extending the hands of fellowship to the CPC and General Buhari, the President called on them to accept the decision of the tribunal, put the past behind them and support his administration’s efforts to transform the nation.
“From this day, let us move forward together as we work to deepen the democratic content of our polity and build a nation of our collective desire,” the President said, adding, “The judgment of the Presidential Election Petition Tribunal is a victory for all Nigerians”.
President Jonathan expressed his appreciation to all Nigerians for their steadfastness and support, stating “the resolve of his administration to continue to provide good governance, anchored on the strong foundations of honesty, transparency, hardwork and fairness to all”.
Election observers and most Nigerians say the vote was the most credible for decades in Africa's most populous nation, which had experienced virtually nothing but military rule and rigged elections for the past half-century.
It also highlighted rifts between the predominantly Muslim north and the largely Christian south.
Rioting erupted in largely Muslim opposition strongholds in the north after the victory of Jonathan, a Christian from the south, was announced. Churches, mosques, homes and shops were set ablaze and at least 500 people were killed.
Although Buhari was ahead in almost all of the states in northern Nigeria, Jonathan also picked up millions of votes in the region, giving him a credible national mandate.
Yet the PDP's parliamentary majority has been reduced and it also lost control of several states in governorship races held 10 days after the presidential vote.
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