National Intervention Movement Co-chairman, Dr Olisa Agbakoba (SAN), on Wednesday said Alhaji Atiku Abubakar faces an uphill battle to overturn Presidential Muhammadu Buhari’s victory at the Election Petition Tribunal.

According to him, it has to be proven that there were electoral irregularities and that they affected the election results.

Agbakoba, a Life Bencher who chairs the Peoples Trust Party (PTP) and the “third force political parties”, said he was misquoted in his earlier statement to say that Atiku would lose at the Tribunal.

“That is far from the truth. I meant the former Vice President will face an uphill task, given the circumstances of challenging the election results.

“My initial decision to charge the former Vice President not to go to court is based on the fact that President Buhari has subverted the Supreme Court by the removal of the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, and the appointment of the Acting Chief Justice of Nigeria.

“My perception is that we need to resolve the status of the Supreme Court. I wonder what is taking the National Judicial Council so long.

“I am also worried about the historical precedent, as no petition on presidential election result has ever succeeded.

“As one of Nigeria’s experienced election petition lawyers, I know that the burden of proof to succeed in an election petition is unfairly huge.

“We first have to prove that there are electoral irregularities and in my view, once you prove this, you should succeed.

“Unfortunately, even if you prove electoral irregularities you will have to show how that affected the results of the election.

“Remember that the gap between former Vice President, Atiku Abubakar and President Buhari is about four million votes,” Agbakoba said.

The former Nigerian Bar Association (NBA) President believes the presidential election results were “manifestly riddled” with electoral irregularities.

He, however, emphasised that Atiku is constitutionally entitled to approach the tribunal.

“My personal advice has become irrelevant. I fully support and wish former Vice President, Atiku Abubakar every success,” Agbakoba.

In the earlier statement urging Atiku not to challenge Buhari’s victory, Agbakoba said: “I understand the PDP is aggrieved about the outcome of the election and alleged massive irregularities. But, I urge former Vice President, Atiku Abubakar not to approach the Election Petition Tribunal.

“He might have moved backwards by his loss but he should not lose sight of the legacy and greatness that lies in front of him. He is in a strong position to take up the mantle of a statesman.

“He can build a new Nigeria movement from the motley of small parties, third force actors, change actors and millions who are desperate for a strong, united Nigeria.”


http://thenationonlineng.net/atiku-faces-uphill-task-at-tribunal-says-agbakoba/

When I hear that PDP and Atiku are going to Court to reclaim what they called their "stole mandate" I laugh because I know they would get nothing at the end of the day. I say this because of the following reasons

1. Atiku and his PDP party act as if they don't know how much they have destroyed our present day courts and laws that would Infact make it difficult for them now to get anything from the same Court. In attempt to ensure that some PDP governors maintained their positions in the past the PDP made laws that made it impossible to get victory at the Court. Even the Supreme Court also made pronouncements that makes it difficult for you to prove anything in court no matter the evidence you have.

2. In the court, most of the PDP'S allegations will revolve around "infractions and Substantial non compliance". These allegations are always criminal in nature of which the PDP must prove beyond reasonable doubt and this is where the problem lies.

3. Proving beyond reasonable doubt is the most difficult thing to do even with the so called high tech/HD video evidence they claim to have because to even tender the said videos is another problem on its own. If finally the video evidence is allowed the production of the said video will become another issue.

According to latest Supreme Court judgement one person cannot tender several videos taken in various places at same time. The reason is because you can only be at one place at a time. Hence if you have 1000 of such videos it therefore means that the 1000 persons who recorded the said video would give evidence. Assuming they succeed in giving evidence the next issue will be wether the evidence from 1000 polling units can affect the result of over 140,000 polling units in Nigeria?

3. In the case of rigging as PDP is alleging, this also according to Supreme court judgement must be proved polling unit by polling unit and this is where the problem of PDP will begin since we have over 140,000 polling units in Nigeria.

4. Finally if the PDP have bothered to read the Supreme Court judgement in the following cases

* Wike vs Peterside
* Udom Emmanuel vs Umana Umana
* Okezie Ikpeazu vs Alex Otti

Then they would know that they are on a wild goose chase because it will be easier for the camel to pass through the eye of the needle than for the PDP or Atiku to prove infractions and substantial non compliance in the court so as to recover their supposedly stolen mandate.

APC don bribe this mumuu man

Like if you love Atiku, share if you hate Atiku...

Is it your uphill? Face front!!

Agbakoba go and sit down. He's not using your money. What's all this?

I need a job...



I want to replace buhari

Sharp guy that one don use juju collect money from him , he's now giving advice .

E no go better for anybody that ask Atiku not to go court.. but please Hire my uncle as ya lawyer

STILL ABOUT ONNOGHEN,

PDP PDP PDP

let him try as nothing is impossible

You lost your own polling unit and you still hope you would win the election? Did the rigging or the suppression start from his polling unit? Looks like Atiku is very stubborn and doesn't think. That was how he selected his VP candidate against proper recommendations and consultations from SE leaders and governors and failed himself in SE.

my own is that we should pray for Atiku+ Real Madrid supporters

They should have the strength to take this upcoming defeat

LOL...

OGA barrister what are you saying

That' ATIKU should go to court or he shouldn't go
No come dy speak too much grammar here
Nairaland no be court

Okay

Buhari has won the election, Nigerians have spoken. Atiku, Biafrans and PDP should go locate the nearest Transformer.

Agbako a, another Sothern slave of buhari

By the grace of God Atiku will come victorious.

This fake lawyer called Agbakoba speaks with two sides of his mouth

It’s well.

Hmmm

It is his right though but i wish he can move on and leave this court thing.

Good luck to him

So much evidences have been gathered to upturn the scam election in favour Atiku. Just watch us at the tribunal

A very difficult task to upturn PMBs victory.
Both sides are deeply involved in the irregularities.

“My initial decision to charge the former Vice President not to go to court is based on the fact that President Buhari has subverted the Supreme Court by the removal of the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, and the appointment of the Acting Chief Justice of Nigeria.

“My perception is that we need to resolve the status of the Supreme Court. I wonder what is taking the National Judicial Council so long.




seems no one is seeing this part.


President Buhari that he wants to challenge at the Courts now has absolute power and everyone seems comfortable with it