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Why we dismissed Atiku’s appeal against Buhari –Supreme Court

The Supreme Court in a full judgment on Friday held that President Muhammadu Buhari was “prominently qualified” to have challenged the February 23 presidential political race that returned him for a second term in office.

In the mean time, the reiteration of legal advisors speaking to the Peoples Democratic Party and it’s presidential applicant, Atiku Abubakar, including the more than 10 Senior Advocates of Nigeria (SAN), drove by Dr. Livy Uzougwu (SAN), all boycotted the Supreme Court sitting on Friday.

Then again, legal advisors speaking to the respondents were at the peak court in their numbers including 10 Senior Advocates of Nigeria among whom were Dr. Alex Izinyon (SAN), O.A. Omonowa (SAN) and Oladipo Okpeseyi (SAN).

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The peak court had in a rundown judgment on October 30, 2019 insisted the choice of the presidential political race request council which approved the announcement of President Buhari by the Independent National Electoral Commission (INEC) as victor of the February 23 surveys, however had held its reasons.

Be that as it may, giving purposes behind it’s judgment on Friday, the court ahead of the pack judgment arranged by the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, concurred with the discoveries of the council. Equity John Okoro who read the judgment, confirmed the choice of the Presidential Election Petition Tribunal which held that Buhari had the essential instructive capability to challenge the survey. It included that by goodness of the arrangements of the Constitution, a competitor who has a grade school authentication and has worked in general society or private help for a period at the very least 10 years, and can peruse, compose and impart in the English language as per the general inclination of INEC is able to challenge. Segment 131 (d) of the 1999 Constitution (as revised) has been refered to on the side of the conflict by defenders of that view to help their position.

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The (Section 131) gives: ‘An individual will be equipped for political race to the Office of President if-(d) he has been instructed up to at any rate school authentication level or its proportionate.’

As indicated by the court, in Section 318, “School Certificate or its identical” means:(a) a Secondary School Certificate, or Grade II Teacher’s Certificate, the City and Guilds Certificate; or (b) training up to Secondary School Certificate level; or (c) Primary Six School Leaving Certificate or its proportional and – (I) administration in general society or private area in the Federation in any way worthy to the Independent National Electoral Commission for at least 10 years.

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“Likewise (ii) participation at courses and preparing in such foundations as might be adequate to the INEC for periods totaling up to at least one year, and (iii) the capacity to peruse, compose, comprehend and convey in the English language as per the general inclination of the constituent commission, and (d) some other capability satisfactory by INEC. This implies INEC has likewise been enabled by the Constitution to acknowledge any bit of business paper as School Certificate identical to be President of Nigeria.”

The CJN noticed “that in deciphering the constitution, care must be taken to give it its unmistakable and standard implications. I am all around guided by the arrangements of segment 131(a) that the participation of Secondary School get the job done for the second respondent (Buhari) to challenge the presidential political decision without a real ownership of the authentication.”

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Going further, Justice Muhammed held ” that the constitution is liberal to the degree that by segment 131 (d), some other capability acknowledged by INEC qualifies an individual to challenge for the situation of the president.

“What a liberal constitution. It doesn’t require an individual to have every one of the capabilities recorded. An ownership of one of them will get the job done. “Or” suggests that any of the featured prerequisites do the trick. I additionally concur with advice to Buhari that INEC has reliably cleared him to challenge presidential races.” furthermore, the court held that Certified True Copies of Buhari’s scholarly capabilities he offered as displays were not tested by the appellants by method for calling oral proof to refute that they are.

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