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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.”
I will always refer to the encounter I once had with Kenneth Idiodi. He was then the leader of the Rosicrucian Society in Nigeria, otherwise known as Amok. It was a sit-down at Zodiac Hotel Enugu. Then, I was the reporter of The Guardian in the Coal City.
You know the Amok faith bases its philosophy or belief on the law of Retributive Justice – the law of Karma. That is to say, everything you do in life has its rewards or punishment in equal measure – much like the measure you give, the measure you receive.
I don’t know how much this society draws or links this belief from or with the Bible, but I do recall Jesus Christ warning Simon Peter – return your sword to the scabbard – for he who kills by the sword, dies by the sword.
As a child growing up I listened to one of the epics of Oriental Brothers with the lyrics – ogbu mma ga-esi n’mma na, ogba egbe ga-esi n’egbe na ooo! Translated – he who kills by the sword will die by the sword, he who kills by the gun will die by the nozzle of the gun.
Now, here is where this is relevant in present Nigerian reality – the reason I’m putting details of that encounter out publicly once again, having done so previously.
During that encounter, Idiodi used one event in Nigeria to illustrate his point. He told me of a Nigerian leader who commanded the troop that carried out the Asaba massacre in the heat of the Nigerian civil war – an episode, said to have claimed over 2,000 able-bodied men who had come out to welcome the Nigerian soldiers with songs and dances only to fall in the hail of bullets that descended on them like rainstorms – was not spared by fate.
That commander was to meet his own death in a hail of bullets even as a Head of State. He never mentioned the name of the military top brass. But I used my tongue to count my teeth to come to the answer. You could also do same – use your tongue.
Now, how does this relate? You may have followed the outing of General Yakubu Gowon at the Bola Ahmed Tinubu International Conference Centre, Abuja, where he presented his autobiography titled: My Life of Duty and Allegiance, that contained what seemed his memoir on the Nigerian civil war, which he prosecuted as Head of State.
I’m sure you must have been observing the debate therefrom that event. Now, I’m not so much enamoured of the debate as I’m of the nuances surrounding that unfortunate episode and the role of Gowon in it, given my takeaway from that Idiodi encounter some two decades ago.
Does Gowon, now a nonagenarian really believe that presenting a pious, if not saintly account of himself to the world as snippets of his book, which I picked up here and there suggests, truly suffices for the atrocities of that period?
Take the Asaba massacre for example. Was that the handiwork of Odumegwu Ojukwu, the Biafran leader, whom the former Head of State seems to blame for everything that went wrong. Was he also the one that commanded that mass slaughtering of innocent men?
Under your nose as Head of State, you watched citizens slaughtered mercilessly like infested herds in the streets – you watched young girls corralled into leprosy colonies and wantonly raped before being wasted – you watched as train coaches bearing people fleeing the scene were stopped and their human cargoes thrown alive into River Benue like rotten goods for fishes to feast on – you watched all these and didn’t lift a finger.
Then as Head of State, you not only supervised but watched millions of children with distended stomachs, tiny feet, glazy eyes, heavy heads on ropelike necks, practically begging for death to come quickly and save them from further punishment.
You supervised and watched the cataclysmic eruptions from the blitzkrieg on churches, markets and hospitals – all to keep Nigeria together. In your mind the brutal and merciless butchery of innocent people who were not soldiers and had nothing to do with the war could be explained away just like that?
O! It was Ojukwu that caused it. Ojukwu was the one who released the bombs, caused the blockades that led to the kwashiorkor that killed millions or other atrocities thereof? What a pity!
Now, I return to Idiodi. How else could anyone interpret today’s Nigeria without introducing the law of retributive justice that the Amok leader spoke of? How do you fault the link of the commander who massacred over 2,000 souls dying by the barrel of the same gun, even as Head of State?
How could anyone fail to relate what is happening to our Gowon today with the past? This is a Geneal that wakes up to see hundreds of his brothers and sisters being buried in mass graves as was done during the onslaught he supervised against another people and he still thinks it has nothing to do with him?
Now, the story you told at that event in Abuja on Tuesday, is not new. You simply repeated yourself. My interpretation of that event is that you’re a man undergoing daily torture. You wouldn’t be a human being otherwise, given what is before you, which didn’t start today.
You’re probably trying to escape your fate by appealing to public sympathy. How helpful could that be in the face of the clear evidence of your culpability in the deliberate wasting of more than three million souls? Nobody would believe you.
Yes! They could humour you. But that’s the best anyone could do for you. I hear money rained like a fountain and that you left the scene with billions of naira in your kitty. At 90? Haba General!
Now, here is the thing General. None of these would help.
None would work. You have tried prayers. But you forget that the prayer of sinner is an abomination and a reproach before God, unless he repents. You have also written the book. Surely, this too would end up in the trashcan of history – meaningless piece of conjectures, propaganda, half-truths and outright lies – perhaps!
But, why don’t you try the one thing you have been running away from, for more than five decades – go on your knees in total supplication and surrender, repentance and penance – then rise, call all Nigerians and empty yourself with the truth.
Thereafter openly apologise to the millions of souls whose tormenting wailing you probably hear every day during your disturbed sleep and in your quiet moments, but choose to suppress with these baby tales. Ask them for forgiveness, genuinely and see. There may lie the answer you seek.
Try that and see if it wouldn’t be a more efficacious cure for this decades-old wound than this Ojukwu-bashing and those wasted prayer sessions. You might not only have atoned for the past, but saved the future. May God guide you.
My name is Sunny Igboanugo, I’m The Tiny Voice
“Now that the court has ruled against it, we are sure that, in the coming days, we will witness a mass exodus from the ruling party,” were the words with which the African Democratic Congress (ADC) welcomed Wednesday’s ruling of the Federal High Court, Abuja reversing the deadline for party primaries, among others.
Bolaji Abdullahi, spokesman, who conveyed the party’s excitement over the development, said it viewed the ruling as vindication of its objections to key aspects of the electoral body’s guidelines at the time they were issued.
Recalling its specific objections to the strict timelines on membership registration as well as the conduct of party primaries, the statement, said: “The decision of the court on these issues, including those that directly contradict the constitution, is therefore a welcome vindication of our position.”
Stressing that the ruling, which removed the impediment placed by the guidelines on politicians who wished to seek alternative platforms to contest elections, was a positive development that would promote freedom of association, the statement, added: “We believed at the time that that particular restriction was designed to prevent people from leaving the ruling party, APC.”
Secretary of State Marco Rubio warned Cuba on Thursday that the United States was laser-focused on changing the communist system, after the island was stunned by a US indictment of its former president Raul Castro.
The US military announced that the USS Nimitz aircraft carrier and its escort warships had entered the Caribbean, although President Donald Trump, asked if the deployment was meant to intimidate Cuba, said, “No, not at all.”
Rubio, a Cuban American and vociferous opponent of Havana’s government, described the island 90 miles (145 kilometres) from the US shore as a “failed state” as it suffers a major economic crisis.
“Their economic system doesn’t work. It’s broken, and you can’t fix it with the current political system that’s in place. What they’ve gotten used to all these years is just buying time and waiting us out.
“They’re not going to be able to wait us out or buy time. We’re very serious. We’re very focused. The US preference is always a diplomatic solution, but President Donald Trump has other options at his disposal.”
Stating that Cuba had tentatively accepted an offer by the United States of $100 million in aid in return for reforms, he said it was unclear if the United States would accept Cuba’s terms, as Washington insists on circumventing the military-backed conglomerate GAESA, which dominates the island’s economy.
Rubio said Thursday that the GAESA chief’s Florida-based sister, Adys Lastres Morera, had been arrested and was being held by US immigration authorities, adding in an X post: “Managing real estate assets…while also aiding Havana’s communist regime, until I terminated her permanent resident status.”
The charges against Raul Castro — younger brother of Fidel Castro, the late iconic US nemesis who led Cuba’s communist revolution that culminated in 1959 — stem from the deadly downing of two civilian planes manned by anti-Castro pilots in 1996.
Cuban authorities called on citizens to protest the “despicable” indictment, with the official newspaper Granma urging Cubans to gather outside the US embassy in Havana on Friday at 7:30 am (1230 GMT).
“This isn’t really an accusation, something from more than 30 years ago, but rather a public attack on a public figure,” Fabian Fernandez, a 30-year-old accountant, told AFP in Havana.
Trump in January seized on a US domestic indictment of Venezuela’s leftist leader Nicolas Maduro to send in US forces to depose him and take him into custody.
“The idea is to say, we can do to you what we did to Nicolas Maduro,” said Christopher Sabatini, senior fellow for Latin America at Chatham House.
The Maduro operation led to the end of free oil from Venezuela to Cuba, which relied on its ally for nearly half its needs.
Cubans have suffered power outages of up to 20 hours a day and taps running dry.
Runaway inflation has caused the price of basic goods to soar and mountains of trash have piled up on the streets of Havana.
In addition to murder, Castro has been charged with conspiracy to kill Americans and destruction of aircraft.
The Cuban government called the 1996 shootdown was “legitimate self-defense” against an airspace violation.
China and Russia both criticized Trump’s steps on Cuba, which come as he tries to end an unpopular war he started with Israel against Iran.
Chinese foreign ministry spokesman Guo Jiakun told a press briefing that Washington “should stop brandishing the sanctions stick and the judicial stick against Cuba and stop threatening force at every turn.”
In Moscow, Kremlin spokesman Dmitry Peskov said: “We believe that under no circumstances should such methods — which border on violence — be used against either former or current heads of state.
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