Feb 23: Falana reveals legal hurdles awaiting Atiku, PDP

Senior Advocate of Nigeria Femi Falana has revealed the PDP presidential candidate heading for court will face a lot of hurdles he can’t surmount in the course of seeking a legal redress over the Feb 23 presidential election he lost.

Falana, however, said in a statement that the former Atiku Abubalar and his party should not be discouraged from going to court.

According to him, President Muhammadu Buhari who was declared the winner of the February 23 election, challenged his losses in court in the successive presidential elections of 2003, 2007 and 2011.

“The chairman of the APC, Adams Oshiomole and other APC leaders have had cause to claim their mandate through the court.

“Even some APC members who lost the just-concluded National Assembly elections have announced plans to challenge the return of their opponents by INEC.

“Therefore, Alhaji Atiku Abubakar should not be blackmailed or begged by any group of people not to challenge the presidential election held in the country on February 23, 2019.

“Regrettably, however, the failure of the PDP and APC-led Federal Government to reform the electoral process has created insurmountable legal obstacles for election petitioners.”

Citing past cases and Supreme Court decisions, Falana said “the frustration of election petitioners has been compounded by several judicial authorities”, with some decisions holding that “an election cannot be questioned on grounds of corrupt practices”.

He said judicial authorities had upheld many elections despite the fact that the polls were marred by malfeasance.

“For instance, a petitioner is required to prove that there is substantial non-compliance and that the non-compliance has substantially affected the results of the election,’ he said.

“In Yussuf v Obasanjo, it was held that an election cannot be questioned on grounds of corrupt practices.

“In Falae v Obasanjo it was held that it has to be proved that financial inducement was authorised by the winner of an election.

“In Buhari v Obasanjo it was held that the onus of proving electoral malpractice rests on the petitioner.

“Several fraudulent elections have been upheld under the doctrine of substantial compliance.

“In several cases, winners of fraudulent elections that were annulled were allowed to take part in rerun elections ordered by the courts.”

Atiku has claimed the election was militarized in favour of the ruling APC, and the INEC was pressured to incline towards the party.