Thread by @OyedeleFatai

@trolls_queen @Naijavote @OfficialPDPNig @atiku I'm back again 😁. The media have reported different asymmetric news report on the ongoing Presidential election Petition after my last analysis. Here 👇 is the analysis of pleadings that were filed and exchanged in the last 2 weeks.

@trolls_queen @Naijavote @OfficialPDPNig @atiku The 2nd Resp (PMB) filed& served his REPLY to the petition. As a threshold issue, the 2nd Respondent also urged the court, by way of PO to dismiss/ strike out the petition wholly or in part as may be appropriate.
The grounds upon which the objection was brought are as follows:

@trolls_queen @Naijavote @OfficialPDPNig @atiku i.The grounds listed as 15 (d) and (e) in the petition are mutually exclusive, and both of them, whether jointly or severally, are outside the jurisdiction of this Honourable Court. The grounds are that: a) the 2nd respondent was at the time of the election not qualified to

@trolls_queen @Naijavote @OfficialPDPNig @atiku contest the said election, and
(b) the 2nd respondent submitted to the 1st Respondent an affidavit containing false information of a fundamental nature in aid of his qualification for the said election.

The above objection is premised upon the provision of section 31(5) and

@trolls_queen @Naijavote @OfficialPDPNig @atiku (6) of the EA, 2010 (as amended), and pursuant to the foregoing provisions in the Act, it is the FHC or HCT of a State that has jurisdiction to adjudicate on the grounds/complaints contained therein.

@trolls_queen @Naijavote @OfficialPDPNig @atiku Consequently, all paragraphs of the petition relating to, touching on, and arising from the said paragraph 15(d) and (e) of the petition are liable to be struck out.

@trolls_queen @Naijavote @OfficialPDPNig @atiku vi.That by the petitioners’ pleadings, they claim to have majority of votes cast at the election in Rivers State, Bayelsa State, Akwa Ibom State, Enugu State, Ebonyi State, Abia State, Imo State, Delta State, Cross River State, Edo State, Anambra State, Ondo State, Oyo State,

@trolls_queen @Naijavote @OfficialPDPNig @atiku Benue State, Plateau State, Adamawa State, Taraba State, and the Federal Capital Territory, Abuja; yet, they seek an alternative and incongruous relief that the presidential election of 23rd February, 2019, be nullified and a fresh election ordered,

@trolls_queen @Naijavote @OfficialPDPNig @atiku without first praying for the nullification of election in the States where they claim to have won. vii. By virtue of section 137 (2) of the EA, petitioners cannot question the results of election in States where they claim to have won and still retain themselves as petitioners.

@trolls_queen @Naijavote @OfficialPDPNig @atiku viii.That paragraphs 21, 26, 159, 160, 161, 269, 273, 276, 287, 289(b), 300(a), 330, 331, 335, 346(a), 353, 358(b) and every other paragraphs of the petition relating to and being grounded on the use of CARD READER or CARD READER DEVICE are liable to be struck out,

@trolls_queen @Naijavote @OfficialPDPNig @atiku same being incompetent and not rooted in any existing legislation. The supreme decisions in the cases of Udom Emmanuel v Ummana (2016)12 NWLR (Pt. 1526) and Nyesom Wike v Peterside (2016) 17 NWLR (Pt. 1512) 452 support this ground.

@trolls_queen @Naijavote @OfficialPDPNig @atiku As a formal reply to the petition on merit, the 2nd respondent averred as follows particularly at paragraphs 25- 28 of the reply as follows:
1.The respondent denies paragraphs 26, 27 and 28 of the Petition and states that beyond the usage for authentication of voter’s card &

@trolls_queen @Naijavote @OfficialPDPNig @atiku accreditation purpose, THE SMART CARD READER COULD NOT and WAS NEVER USED NOR CONFIGURED TO ELECTRONICALLY TRANSMIT or COLLATE ANY RESULT TO ANY SERVER at all and in particular that of the 1st respondent.

@trolls_queen @Naijavote @OfficialPDPNig @atiku The only mode of collation of results is to collate the scores as recorded in forms EC8A to EC8B to EC8C to EC8D & to EC8D (A) and return the winner on Form EC8E in Presidential election. The respondent states further that the smart card readers, while not statutorily recognized.

@trolls_queen @Naijavote @OfficialPDPNig @atiku were only employed for authentication in places, units and circumstances where they properly functioned.

2.The respondent states that electronic collation and transmission of result is not part of the electoral system.

@trolls_queen @Naijavote @OfficialPDPNig @atiku 3.The website factsdontlieng.com mentioned in paragraph 29 of the petition is only known within the imagination of the petitioners, as same was not, before, during and after the election, presented by the 1st respondent to any of the political parties or candidates

@trolls_queen @Naijavote @OfficialPDPNig @atiku as an official server or authentic platform through which results would be posted and from where same could be downloaded.

@trolls_queen @Naijavote @OfficialPDPNig @atiku xiii.That The entirety of the pleadings in paragraphs 368, 369, 370, 371 and 372 of the petition under the heading “MANIPULATION/MIS-USE OF STATE RESOURCES” which challenge the scheme titled “TRADER-MONI”, are liable to be struck out, as theCourt lacks the vires to adjudicate

@trolls_queen @Naijavote @OfficialPDPNig @atiku on the issues, subjects, accusations and allegations raised therein.

These are the paragraphs where the Petitioners alleged that the 2nd Resp in a bid to improperly influence voters, commenced a programme or a scheme called TRADER – MONI, through which Nigerian electorate,

@trolls_queen @Naijavote @OfficialPDPNig @atiku most especially traders were given 10,000 each across the 36 states and the FCT clearly to influence votes in favour of the 2nd&3rd Resps in the presidential election. They further allege that the 2nd Respondent, through the VP, PYO, SAN went round all the States of Nigeria and

@trolls_queen @Naijavote @OfficialPDPNig @atiku the FCT and shared the said sum of 10,000 to traders, thus using State Resources to buy votes.

@trolls_queen @Naijavote @OfficialPDPNig @atiku ON ALLEGATION OF MANIPULATION/ MISUSE OF STATE RESOURCES (paragraphs 368 – 370 of the petition)

The 2nd respondent avers as follows:
1.The respondent denies paragraphs 368, 369, 370, 371 and 372 of the petition in their entirety and avers that there was no influence

@trolls_queen @Naijavote @OfficialPDPNig @atiku on the voters in whatever manner by virtue of his position as President of the Federal Republic of Nigeria, or by his agents or anyone else. The respondent states that part of the 3rd respondent’s cardinal policies is investment in social security for Nigerians which is also core

@trolls_queen @Naijavote @OfficialPDPNig @atiku function of government. In furtherance of his constitutional duty to the citizens, the Government of the Federation embarked on a number of social investment schemes undertaken as soon as the respondent assumed office in 2015.

@trolls_queen @Naijavote @OfficialPDPNig @atiku 2.In compliance with the Fundamental Objectives and Directive Principles of State Policy in the Constitution, and pursuant to budgetary appropriations as approved by the National Assembly and assented to by the respondent, the government of Nigeria,

@trolls_queen @Naijavote @OfficialPDPNig @atiku under the presidency of the respondent, put in place some social investment programs for eligible Nigerian citizens, such as:

i.National Home-Grown School Feeding Program (NHGSFP)
ii.National Cash Transfer Project (NCTP)
iii.Trader-Moni

@trolls_queen @Naijavote @OfficialPDPNig @atiku iv.Government Enterprise and Empowerment Program (GEEP) and
v.Money-Market

3.Furthermore, the respondent asserts that Trader-Moni is one of the many social investment schemes to empower petty traders with a budgetary provision as provided in the Appropriation Act

@trolls_queen @Naijavote @OfficialPDPNig @atiku (approved by the National Assembly and assented to by the President). The respondent further asserts that the social schemes were not in any way used to influence votes in favour of the 2nd and 3rd Respondents in the Presidential election

@trolls_queen @Naijavote @OfficialPDPNig @atiku and in fact did not influence votes during the election. The scheme and distributions are a matter of law for which the Federal Government of Nigeria had/has a responsibility under the relevant Appropriation Act.

@trolls_queen @Naijavote @OfficialPDPNig @atiku Moreover, the petitioner claimed under paragraph 111 of the petition that the 1st Respondent (INEC) in order to ensure undue advantage to the 2nd Respondent, POSTED A BLOOD RELATION OF THE 2nd RESPONDENT,(PMB) MRS. AMINA ZAKARI, TO A SENSITIVE POSITION OF COLLATION OF RESULTS

@trolls_queen @Naijavote @OfficialPDPNig @atiku AT THE NATIONAL LEVEL, & INSISTED ON HER ROLE, NOTWITHSTANDING THE PUBLIC PROTESTATION AND UPROAR AGAINST SUCH PARTISANSHIP.

In response to paragraph 111 above, the 2ND RESPONDENT avers as follows:
i.Respondent denies any blood relationship with Mrs. Amina Zakari, contrary

@trolls_queen @Naijavote @OfficialPDPNig @atiku to allegation contained in paragraph 367 of the petition and further states as follows:
a.Preparatory to the 2011 general election, Mrs. Amina Zakari was first appointed a National Commissioner for the 1st Respondent (INEC) by the government of GEJ.

@trolls_queen @Naijavote @OfficialPDPNig @atiku b.Mrs. Amina Zakari’s role as Chairman of Committee on collation center had nothing to do with the collation of the election result, but basically administrative, to liaise with the management of the International Conference Center, to ensure the availability of the premises for

@trolls_queen @Naijavote @OfficialPDPNig @atiku the collation of the results.

14.Contrary to the assertions in paragraph 367 of the Petition, the respondent asserts that there was no undue advantage given to him by virtue of any Mrs. Amina Zakari or anyone else being assigned to undertake a national responsibility.

@trolls_queen @Naijavote @OfficialPDPNig @atiku The respondent further states that the selection process was in full compliance with the law and in no way influenced the results of the election in his favour.

@trolls_queen @Naijavote @OfficialPDPNig @atiku However, pursuant to Section 16(1) of the First Schedule to the Electoral Act, the Petitioners have filed Reply to thr both of Reply of the 1st (INEC) & 2nd (PMB) Respondents. In their REPLY to INEC, the Petitioners maintained that the Table containing votes of candidates in

@trolls_queen @Naijavote @OfficialPDPNig @atiku Para 21 of the petition are not a conjecture but the results of the Acts of the officials of the 1st Resp, who complied with the directives and training instructions of the 1st Respondent on electronic transmission of votes.

@trolls_queen @Naijavote @OfficialPDPNig @atiku They maintained that the Servers from which the said figures were derived belong to INEC. THE PETITIONERS WILL AT THE TRIAL OF THE PETITION RELY ON EXPERTS ON MICROSOFT, IBM, AND ORACLE to prove their case.

@trolls_queen @Naijavote @OfficialPDPNig @atiku This is contrary to what was reported in the media that ATIKU & PDP are planing to invite MICROSOFT and others as witnesses to prove their case. Too bad! The media in Nigeria are now fourth estate of the wreck rather than being fourth estate of the realm! This is unfortunate!

@trolls_queen @Naijavote @OfficialPDPNig @atiku Now, on Petitioners' Reply to the 3rd Respondent's Reply. The one that'll interest you is the Atiku’s response to his Citizenship status. The APC has alleged that Atiku isn't a citizen of Nigeria by BIRTH. Here is the response👇leggo💃

@trolls_queen @Naijavote @OfficialPDPNig @atiku The 1st Petitioner was born on 25th November, 1946 in Jada Adamawa State by Nigerian Parents and he is therefore a citizen of Nigeria by Birth. That the 1st Petitioner's father, Garba Atiku Abdulkadir was a Nigerian by BIRTH who hailed from Wurno in present day Sokoto State.

@trolls_queen @Naijavote @OfficialPDPNig @atiku While the mother, Aisha Kande was also a Nigerian who hailed from Dutse in present day Jigawa State. The 1st petitioner claimed that both of his parents are Fulani, a community/tribe indigenous to Nigeria. He averred further that his birth in Jada, in present day Adamawa State of

@trolls_queen @Naijavote @OfficialPDPNig @atiku Nigeria was occasioned by the movement of his paternal grandfather called Atiku who was an itinerant trader, from Wurno in present day Sokoto State to Jada in the company of his friend, Ardo Usman. That in Jada, Atiku, the grandfather of the 1st petitioner gave birth to Garba who

@trolls_queen @Naijavote @OfficialPDPNig @atiku in turn gave birth to the 1st petitioner and named him after his own father Atiku. He then concluded that the claims by the APC that he's not a Nigerian by BIRTH are indeed fabricated, contrived, made in bad faith and designed to embarrass him.

@trolls_queen @Naijavote @OfficialPDPNig @atiku When I said the other day that the attempt by the APC to challenge the 1st Petitioner's citizenship status was a legal strategy and not a MISTAKE, some e-lawyers descended on me. Anyway Nemo dat quod non habet.

@trolls_queen @Naijavote @OfficialPDPNig @atiku We can all see now that the burden is on both the 1st petitioner to lead evidence on his citizenship status and the 3rd Respondent to also lead evidence in respect of their claim as he who asserts must prove.

@trolls_queen @Naijavote @OfficialPDPNig @atiku Interestingly, to prove his case, Atiku will be calling the current District Head of Yelli, Kojoli (Dan Galadima Ganye) who's the grandchild of Ardo Usman the first Village Head of Kojoli, in Adamawa State.

@trolls_queen @Naijavote @OfficialPDPNig @atiku On the other side, 3rd Respondent will be calling a witness who's a family friend to the 1st Petitioner's late father, who's familiar with the 1st Petitioner's background and who has also deposed that none of the 1st Petitioner's parents or grandparents was born in Nigeria and

@trolls_queen @Naijavote @OfficialPDPNig @atiku that the 1st Petitioner's father died as a citizen of Northern Cameroon in 1957 among others.

@trolls_queen @Naijavote @OfficialPDPNig @atiku We can all see now that by the 1st Petitioner's narration, he is now from Sokoto and not Adamawa State! This is owing to the law of Domicile. Domicile may be of origin or choice. Domicile of origin depends largely on the circumstances of birth or adoption

@trolls_queen @Naijavote @OfficialPDPNig @atiku because a child takes the Domicile of the father at birth. A person can acquire a new Domicile by choice upon attaining majority. But, the domicile of origin is not lost until a Domicile of choice is acquired. A woman upon marriage takes the Domicile of her husband.

@trolls_queen @Naijavote @OfficialPDPNig @atiku Those who argued that all Atiku needed to prove his citizenship was just to flag his Nigerian passport in court yen yen bla bla bla! Let's all wait for the outcome of this case. On citizenship by birth, see: Section 25(1) (a) (b) & (c) of the 1999 CFRN. I rest my case!