News
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.”
From the seat of the Presidency, came what indicates a clear and open support for the camp in the African Democratic Congress (ADC) fighting David Mark, National Secretary and Rauf Aregbesola, National Secretary, respectively.
The signal came from Femi Gbajabiamila, Chief of Staff (CoS) to President Bola Tinubu, who practically threw his weight behind Leke Abejide, one of the arrowheads wedging the war that could see the main opposition party in Nigeria not presenting a candidate for next year’s presidential election.
Against the backdrop of allegations that Aso Rock has been fuelling the various crises in the major political parties, Gbajabiamila, former Speaker of the House of Representatives and a key ally of President Bola Tinubu, all but clearly stoked the fire by egging the Kogi lawmaker on to launch a fiercer onslaught against the Mark leadership.
Urging Abejide, who had sworn that he would do everything to ensure Tinubu’s re-election not to leave the ADC, through which he won his election to the National Assembly in 2023, but to stay back and fight rather than exiting the party, the ex-Speaker praised him for his resilience so far.
Abejide, who on his own, has thrown his weight behind Nafiu Bala, former Deputy National Chairman of the ADC, now laying claims to Mark’s position was one of those sacked at the convention organised by the Mark group last week.
But Gbajabiamila, who used the Kogi lawmaker’s birthday celebration on Monday to announce his support publicly, while hailing his political trajectory and resilience, including winning his election under the ADC – a relatively less-fancied platform in 2023.
His words: “For a man to contest in a place like Kogi, under a relatively unknown party, and win back-to-back elections, it tells you who that man is. You did not only secure re-election but also helped expand the party’s influence by bringing in other candidates. You’re a committed party man and a fighter.
“My charge to you is to stay in that same party. Fight them. Scatter them. Hold on to your party. Do not abandon them. We like what you are doing. Hold on to your party. Do not abandon it. Continue what you are doing. Win your election there. Nobody can take your party away from you.”
After the hammer from the Mark group, alongside Kingsley Temitope, Obinna Norman, Kennedy Odiong, and Stella Chukwuma, over the allegation of anti-party activities, Abejide dismissed his sack as null and void, coming from a “suya convention.”
President Bola Tinubu and others interested in the presidential ticket of the All Progressives Congress (APC) will have to cough out a whopping N100million as fee for the nomination form of the ruling party.
This is coming as the party released details of its scheduled presidential primary election billed for May 15 and 16, 2026, as part of preparations for the 2027 general elections.
Sulaiman Argungu, National Organising Secretary, who released the details of the activities of the party ahead of the nomination for the 2027 polls on its official X handle, including the sale of forms, screening of aspirants, appeals, and primary elections across all elective positions, said informed that the forms go on sale from April 25 to May 2, while the submission deadline was fixed for May 4.
The statement said screening of aspirants would commence on May 6 and end on May 8, with the publication of results slated for May 11 and appeals scheduled for May 12 to 13.
The primaries for the House of Representatives will be held on May 18, the Senate on May 20, State Houses of Assembly on May 21, and the governorship on May 23.
The party pegged the total cost of forms for presidential aspirants at ₦100 million, comprising ₦30 million for the expression of interest and ₦70 million for nomination.
Governorship aspirants are to pay ₦50 million, while fees for the Senate, House of Representatives, and State Assembly vary.
“Female aspirants, youth and physically challenged aspirants are to pay for the expression of interest and 50 per cent of the prescribed nomination fees for each position,” it added.
In the statement, the APC said the timetable was issued in line with the Constitution of the Federal Republic of Nigeria, the Electoral Act 2026, and the guidelines of the Independent National Electoral Commission (INEC).
The party reaffirmed its commitment to conducting “credible and transparent primary elections” to strengthen internal democracy.
As of the time for filing this report, no member of the APC has formally declared interest in contesting the presidency.
Some APC leaders and key affiliations of the party have, however, endorsed President Bola Tinubu for re-election.
Although Tinubu has not publicly or officially declared his intention to run for a second term, he had last week dismissed the speculation that he was scared of the opposition ahead of the elections.
“The safety of our citizens rests on our shoulders. You must remain resolute and go after these criminals until they are eliminated. We must make Nigeria safe at all cost,” were the words with which Olufemi Oluyede Chief of Defence Staff, read the riot act for the umpteenth time against insurgents terrorising many parts of Nigeria.
Against the backdrop of renewed attacks in parts of the country days after the killing of Oseni Omoh Braimah a Brigadier General and I.A. Muhammed, a Colonel, each commanding troops in Borno State, one of the hotbeds of the nearly two decades onslaught in separate outbreaks, the CDS told troops of Operation FANSAN YAMMA to intensify ongoing operations against the terrorists and other criminal elements in the North-West region, stressing the need to ensure security across the country.
At an operational visit to the Headquarters Theatre Command, Joint Task Force North West, Operation FANSAN YAMMA (OPFY), in Gusau, Zamfara State, the military boss who said the visit was aimed at assessing operational readiness, addressing challenges confronting troops, and boosting morale in the ongoing campaign to restore peace and security in the region, commended their resilience, courage, and sacrifices in defence of the nation.
Urging the troops to remain disciplined, professional, and relentless in the fight against banditry and terrorism, the CDS, whose encounter was conveyed by Samaila Uba, a Major General and spokesman, at the Defence headquarters was said to have assured the troops of continued support in the areas of welfare, training, and provision of necessary operational equipment to enable them to discharge their duties effectively.
Uba, Director of Defence Information, quoted his boss as reaffirming the commitment of the Armed Forces of Nigeria to sustaining pressure on criminal groups until lasting peace is restored across the North West and the entire nation, acknowledging the importance of air support in ongoing operations.
The Defence Chief, while noting that efforts were underway to enhance operational capabilities through additional platforms and improved coordination across theatres of operations, was said to have paid a courtesy call on the Governor of Zamfara State, Dauda Lawal, appreciating him for his continued support of Operation FANSAN YAMMA and the military.
ADC: Fight, scatter them! *Presidency goads Kogi lawmaker on Mark’s leadership
Presidency: Tinubu, others to pay N100million for APC nominations
Enough! Pursue, overtake, wipe out! *CDS gives new orders against terrorists
-
News4 weeks agoGovernor weeps, as terrorists kill soldiers, police in night ambush
-
Columns2 weeks agoSeun Okinbaloye saga: How does Tinubu survive if Wike resigns?
-
Columns6 days agoAbike Dabiri: Did Obi raise a monster or you’re drunk on Tinubu’s poisoned chalice?
-
News1 week agoStop using Latin phrases, make clear, unambiguous orders – NBA tells courts
-
News4 weeks agoBREAKING: Bloody day in Ibadan! *Trailer loses control, crushes residents!
-
News2 weeks agoNafiu Gombe: Yes, I have sponsors! *I can’t fight ADC big men alone!
-
Columns1 week agoCentus Nweze (JSC): Death of legal purist, irony of Nigerian judiciary
-
Columns2 days agoBe the hero that saved Nigeria! Open letter to Alhaji Atiku Abubakar