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Atiku's petition is also dismissed on grounds, inter alia, that:
Atiku's petition is also dismissed on grounds, inter alia, that:
Contrary to his pleadings that he was excluded from the presidential elections, Atiku was found by the court to have in fact participated in the presidential elections.
Ditto, that the ballot papers used were not numbered or serialized, in violation of law, do not warrant a nullification, without further evidence from Atiku that this violation of law substantially affected the results of the elections.
Held that Atiku did not provide necessary evidence to show a nexus between non-serialization of ballot papers and the probability of a different result but for that failure.
Held that all votes cast at an election are votes cast for the party and not for the candidate (per Supreme court in Amaechi's case), therefore, that Atiku's photo and name were missing on the ballot papers, go to no issue.
Yar'Adua is therefore affirmed President of Nigeria by the Elections Tribunal.
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