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BREAKING: Tinubu’s victory under threat! First nullification case hits S’Court
If the Supreme Court listens favourably to the prayers of six governors of the Peoples Democratic Party (PDP), the declaration of Asiwaju Ahmed Bola Tinubu, of the All Progressives Congress (APC) as winner of last Saturday’s presidential election, may be short-lived after all.
This is as a new battleground has opened at the Supreme Court, where six states – Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto – have gone with a suit against the federal government, urging it to declare the conduct, collation, and announcement of the presidential and National Assembly (NASS) elections results on 25 February void.
They also demand that the court should void the declaration of All Progressives Congress (APC) candidate Bola Ahmed Tinubu as the winner of the presidential vote by the Independent National Electoral Commission (INEC).
Specifically, the governors are seeking a declaration that:
“The entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of INEC at the National Collation Centre, Abuja, in flagrant violation of the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were invalid, null and void, and of no effect whatsoever.
“The fundamentally flawed electoral process through the non-uploading of the results of each of the 176,974 Polling Units nationwide, in respect of the presidential election and National Assembly Elections held on Saturday, 25th February 2023 were not in accordance with the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.
“The failure of the Federal Government of Nigeria, the Independent National Electoral Commission to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023 in collusion, violates the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.”
The governors are also seeking an order of the top court:
“Directing a holistic review of all results so far announced by the Federal Government of Nigeria through INEC which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.
“And for such further Orders as the Honourable Court may deem fit to make in the circumstance.”
The plaintiffs also brought an application praying the apex court for an order directing a departure from the rules of the apex court in the interest of justice by directing for accelerated hearing of the substantive suit.
Besides, plaintiffs also filed another application seeking for an order for abridging time for parties to file and serve responses for and against the suit. No date has been fixed for hearing.
The plaintiffs in the originating summons marked: SC/CV/354/2023, are specifically asking for an order of the apex court,
“Directing a holistic review of all results so far announced by the Federal Government of Nigeria through the Independent National Electoral Commission (INEC) which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.
The suit – filed by the Attorneys General of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto – has the Attorney General of the Federation as sole respondent and was brought pursuant to Sections 6 (6) (a), 14 (2) (b), 153 (1) (F) and 232 (1) of the 1999 Constitution (as amended); 2. Sections 25 (1), (2) and 3; Sections 60 and 66 of the Electoral Act, 2022.
The grouses
They predicated their case on the grounds that:
“The collation of the national election results from the 36 States of the Federation, and that of the Federal Capital Territory, for the said 2023 Presidential and National Assembly elections have not been carried out in compliance with the mandatory provisions of relevant sections of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022, made pursuant to the provisions of the Electoral Act, 2022; and the INEC Manual for Election Officials, 2023.”
The suit was filed on 28 February by their lawyers, one of whom is Mike Ozekhome SAN.
It argues the agents and officials of the federal government and the INEC failed to transmit the collated results as prescribed by the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections 2022; and the INEC Manual for Election Officials requiring transmission of the results by the use of Bimodal Voter Accreditation System (BVAS), in flagrant breach of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials, 2023.
“Non-compliance with the due process of law has led to a widespread agitation, violent protests, displeasure, and disapproval from a wide spectrum of the Nigerian populace, including international observers, political parties, well-meaning Nigerians and former Head of States of the Federal Republic of Nigeria,” the plaintiffs said.
They claimed the widespread violent protests, demonstrations and rallies endangered the peace, order, good governance, security and safety of the plaintiffs.
They argued that the federal government through the INEC “is empowered by law to correct the elections due to technical glitches and errors arising from the conduct of the elections with substantial effect on the electoral process in line with the provisions of Section 47 (3) of the Electoral Act, 2022; and other relevant sections thereof.
“The Federal Government of Nigeria has nonetheless continued to collate results for the Presidential and National Assembly elections, against the provisions of extant Electoral laws and Guidelines, notwithstanding the fundamental flaws identified in the process of the collation of results and the public outcry that has greeted the entire electoral process.
“Whilst queries were being raised as to the failure or deliberate refusal of INEC to transmit the results electronically, INEC suddenly pulled down its portal harbouring the Regulations and Guidelines, thus leaving the plaintiffs in the dark.
“Most Nigerians, including the governments and peoples of Adamawa State, Akwa Ibom State, Bayelsa State, Delta State, Edo State, and Sokoto State, are entitled to a proper and electoral lawful process and procedure that guarantees a free, fair, transparent and credible election.
“There is no justifiable basis for the ongoing collation of results without compliance with the mandatory provisions of the law that mandatorily require the use of BVAs, electronic transmission to the IRev Portal.
“Unless this Honourable court intervenes, the Governments and peoples of Adamawa State, Akwa Ibom State, Bayelsa State, Delta State, Edo State, and Sokoto State, who have suffered and will continue to suffer irreparable hardship and damage of unquantifiable proportions by being denied the opportunity to participate fairly in a free, transparent, fair and credible election, which can lead to a breakdown of law and order and thus endanger the public peace, security, safety, order and good governance, consequent upon the violent demonstrations and protests that have already started to take place in different parts of the country, including the Plaintiff States, as a result of the fundamentally flawed electoral process, which does not represent the wishes of Nigerians and of the plaintiff states.”
Issues raised for determination
Issues raised for determination by the Supreme Court include:
“Whether having regard to the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023 thereof, the electronic transmission of votes collated at polling units and the use of the Bimodal Voter Accreditation System (BVAS) in the transmission of collated result is made mandatory.
“Whether by virtue of the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, the Federal Government of Nigeria through presiding officers of its executive body, Independent National Electoral Commission was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Results to the Independent National Electoral Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation.
“Whether the Federal Government of Nigeria in the recently held Presidential and National Assembly elections conducted nationwide on 25th February, 2023 through INEC, complied with the mandatory provisions of extant laws, INEC Regulations and Guidelines for the Conduct of Presidential Elections, 2022.
“Whether the failure of the Federal Government of Nigeria through the Defendant and INEC to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023, violates the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.
“Whether the failure of the Federal Republic of Nigeria through INEC to comply with the provisions of Section 60 of the Electoral Act, 2022 and the Regulations and Guidelines for Conduct of Elections, 2022 made pursuant to the Electoral Act and the Constitution of the FRN, 1999, as amended, in collating and announcing the results of the Presidential and National Assembly Elections render the already announced results and the elections conducted as a whole a nullity.
“Whether the entire results of the presidential election conducted on the 25th of February, 2023, as announced by the Chairman of INEC at the National Collation Centre, Abuja in flagrant provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were valid.”
They plaintiffs said if the questions raised are determined in their favour, then the Supreme Court should declare that
“The Federal Government of Nigeria, through INEC was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation in compliance with the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.”
“This government is killing Nigerians. I repeat, President Tinubu’s government is killing Nigerians, literally destroying lives. He has failed in the most sacred duty of protecting the lives of the citizens of this country.”
These were the exact words of Rotimi Amaechi, former Minister of Transportation, with which he lashed out at President Bola Tinubu, accusing his administration of failing to protect the lives and property of Nigerians.
The former Governor of Rivers State, who conveyed his position via a statement on Tuesday by his media office, bemoaned the bomb blast that rocked parts of Maiduguri, the Borno State capital on Monday, attributing it to the abysmally incompetent government of the President, whom he said and lacked the basic leadership skills required to safeguard citizens.
Commiserating with the families of the victims, the African Democratic Congress (ADC) chieftain said Nigerians cannot continue to mourn while the government “lives lavishly and ostentatiously” without taking decisive action to end the country’s insecurity.
His words: “The Monday bombings in Maiduguri is not just a tragedy, it is a damning indictment of a leadership that has grown complacent, incompetent, and indifferent to the sufferings and death of Nigerians to ravaging bandits.
“While families mourn and communities live in fear, those in power issue hollow statements and make empty promises. In fact, now, they don’t bother to make promises anymore. They just move on as if nothing happened. Tinubu would rather be dining and partying in London while Nigeria burns. They just don’t care!
“How many more lives must be lost before they admit their failure? How many more communities must be shattered and destroyed before they take decisive action? Insecurity has become the daily reality of ordinary citizens, and yet the government continues to stumble, unprepared and unwilling to confront the menace with the seriousness it demands.
“Nigerians deserve safety, peace, and dignity, not negligence and continued excuses. If those in power cannot guarantee that, then they have no business clinging to authority. Leadership is not about rhetoric, it is about responsibility, action, and making the right decisions for the good of the people. Right now, this government has abandoned that responsibility, and the nation is paying the price.”
Empathising with the people of Borno State and the victims’ families, whose lives he said were “shattered because of Tinubu’s government failure to protect them,” the former Minister added: “Enough is enough. The President must resign.”
Senegal has announced that it is heading upstairs with an appeal to the Court of Arbitration for Sport the after as Les Lions de la Téranga (The Lions of Teranga), its national team was stripped of the Africa Cup of Nations title on Tuesday.
Established in 1984, the CAS, an independent organisation that resolves sports disputes worldwide has tailored procedural rules to render impartial decisions through arbitration and mediation, while bodies and athletes assign it the judicial authority to uphold an equal and just application of sporting regulations.
“The Senegalese Football Federation condemns this unjust, unprecedented and unacceptable decision, which brings African football into disrepute.
“To defend its rights and the interests of Senegalese football, the federation will, as soon as possible, file an appeal with the Court of Arbitration for Sport (CAS) in Lausanne,” a statement from the West African country, said hours after the CAF hammer fell on it for the behaviour of the team, which the confederation considered abandonment of the game in the AFCON 2025 finals.
Several Senegalese players controversially walked off the pitch in Rabat during the final on January 18 in protest when the hosts were awarded a penalty late in second-half stoppage time.
After Senegal’s players eventually returned having been coaxed back onto the pitch by captain Sadio Mane, Morocco missed the penalty and Pape Gueye went on to score the goal in extra time that gave his team a 1-0 victory.
CAF said that having studied Morocco’s appeal, “the Senegal national team is declared to have forfeited the match” and the result was “officially recorded as 3-0” in favour of Morocco.
The CAF Appeals Committee justified its decision by applying Articles 82 and 84 of the AFCON Regulations, which state that if a team “refuses to play or leaves the ground before the regular end of the match without the authorisation of the referee, it shall be considered (loser) and shall be eliminated for good from the current competition while losing its match by 3-0.
The Royal Moroccan Football Federation (FRMF) said in a statement its appeal was never intended to contest the sporting performance of the teams participating in this competition, but solely to request the application of the competition regulations.
It added: “The Federation reaffirms its commitment to respecting the rules, to the clarity of the competitive framework, and to the stability of African competitions.”
Vowing to appeal “as soon as possible” to the Court of Arbitration for Sport, Senegal’s football body, stated: “The Senegalese Football Federation condemns this unjust, unprecedented and unacceptable decision, which brings African football into disrepute.”
Minutes before the end of the match, some Senegalese supporters attempted a pitch invasion, while Senegal’s players halted the game for nearly 20 minutes to protest the late penalty awarded to Morocco.
The controversial spot-kick was awarded by Congolese referee Jean-Jacques Ndala right at the end of the allotted eight added minutes in normal time following a VAR check for a challenge on Brahim Diaz by El Hadji Malick Diouf.
The game was goalless at the time and Diaz could have won the trophy for Morocco with the spot-kick in the 24th minute of added time at the end of normal time.
But Senegal goalkeeper Edouard Mendy easily saved the weak attempted ‘Panenka’ chip by the Real Madrid winger, who was clearly distracted by the long delay that followed the penalty award.
The game at the Prince Moulay Abdellah Stadium then went to extra time, and Gueye’s brilliant 94th-minute strike won it for Senegal.
Several of the team’s players posted on social media after the announcement that they had been stripped of the title.
Defender Moussa Niakhate, who plays for French club Lyon, posted a picture of himself lifting the Africa Cup of Nations trophy with a message that said “they’re mad”, in an apparent reference to CAF.
In the immediate aftermath of the final, FIFA president Gianni Infantino had condemned “some Senegal players” for the “unacceptable scenes”.
“It is unacceptable to leave the field of play in this manner, and equally, violence cannot be tolerated in our sport, it is simply not right,” Infantino, who attended the match, said.
In late January, CAF imposed a series of disciplinary sanctions, including fines amounting to several hundred thousand euros, on the federations of both countries for unsportsmanlike conduct and violations of fair play principles.
The appeal trial of 18 Senegalese supporters, imprisoned since the final and sentenced to prison terms ranging from three months to one year for “hooliganism,” which was scheduled to take place on Monday, has been postponed until March 30.
“We broke our fast and were about to leave after closing our shops when the first bomb detonated. I heard a loud sound and suddenly my neck started bleeding.”
These were the exact words of Abacha Mustapha, one of the victims of the Monday night’s bomb blasts that rocked parts of Maiduguri, Borno State – one of those currently recounting their ordeals in the ugly incident.
The multiple explosions said to have occurred simultaneously, came on a day President Bola Tinubu, while jetting out to the United Kingdom on a State Visit, ordered Service Chiefs to relocate to Maiduguri to take charge of the situation.
Though the police put the death toll to 23 and the wounded to 108, independent witnesses say the fatalities were as many as 40, as the incident has continued to generate a lot of public outcries with many calling on concerted action by the Federal Government to deal with the situation decisively.
Mustapha, who spoke from his bed at Umaru Shehu Hospital, Maiduguri, said the impact of the blast threw people into confusion as traders and residents scampered for safety.
His words: “It was chaotic. People were running in different directions. Some fell, others were shouting. I couldn’t even understand what had happened at first. My brother used his cloth to tie my neck to stop the bleeding before rushing me to the hospital. If not for him, I don’t know what would have happened.”
Mohammed Jubril, while giving his own account, said he could not explain how he survived the blasts as it happened very close to where he had gone to make payment for items he bought hours earlier.
‘’The blast deafened me immediately as I could no longer hear anything. People were running in different directions. The whole place was covered in smoke and I saw many people lying on the floor with injuries. As I speak with you, I cannot hear anything,’’ he said.
For Hauwa Sanusi, who claimed her younger sister had been missing since the blasts, appealed to all concerned to help locate her sister, saying almost in tears: “I don’t know what has become of my sister. She’s been missing since yesterday (Monday). We have visited some hospitals and couldn’t find her. We are in pain, please help us.”
Another survivor and a bricklayer at Umaru Shehu UltraModern Hospital, Bulumkutu, who sustained injuries on his legs and right hand, expressed worry over how his family could get food to eat, being the only bread-winner of the family.
“I am a father of five children, though I have to thank God for sparing my life, I am a bit worried over who will put food on the table for the children as my wife is jobless, and here I am on admission,” he cried.
At the State Specialist Hospital, Nura Bukar, who sustained a minor injury on his forehead, but was hospitalised due to heavy bleeding and needed blood transfusion, called on good Samaritans to visit the hospital and donate blood, saying there were many victims in critical condition who needed immediate blood transfusion to save their lives.
Aisha Mallum Gana, a victim in the female ward of Umaru Shehu Ultramodern Hospital, Maiduguri, who narrated how she was preparing to leave the market after the day’s activities when the explosion occurred, said: “I sell soft drinks at the Post Office area. I was about to close for the day when the blast occurred. Thank God that I sustained minor injuries on my face and my legs. I am seriously responding to treatment.”
The Chief Medica Director of UMTH, Professor Ahmed Ahijo, said 25 people were confirmed dead, while over 70 were currently responding to treatment in the hospital.
However, though witnesses said over 40 persons were killed by the blasts, Borno State police command said 23 people lost their lives, while 108 were injured in the suicide bomb blasts that rocked Post Office area, Monday Market and the main entrance of the University of Maiduguri Teaching Hospital, UMTH.
“More than 40 civilians, including the suicide bombers, were killed, as some of the injured ones died while receiving treatment at medical facilities within the metropolis,’’ a witness said.
Amaechi laments: Tinubu abysmally incompetent! *Nigerians dying like flies!
BREAKING! No Way! Senegal protests loss of AFCON title, heads to CAS
Who will feed my family? *Maiduguri blast victims cry out in distress!
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