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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.”
For those believing that President Bola Tinubu’s exclusion of Humphrey Nwosu, the late Chairman of the defunct National Electoral Commission (NEC), was an error that would be corrected subsequently, their expectation came to naught on Friday, with his non-recognition once again.
In a surprise outing, the President failed once again to name the late Professor of Political Science as one of the Nigerians honoured, on the day Nigerians would be celebrating this year’s anniversary of June 12, designed to mark the historic 1993 presidential election, which has now been designated as Nigeria’s Democracy Day.
It was a day Moshood Kashimawo Olawale Abiola (MKO), the candidate of the defunct Social Democratic Party (SDP), was elected President in a transition programme undertaken by the military government of then President Ibrahim Badamasi Babangida (IBB).
Expectations are that because the Option A4 model used in achieving the outcome of the election, acknowledged as the freest and fairest election in Nigerian history, the late electoral commission’s boss, would feature prominently in the list of those to be honoured by the government.
But another list contained in the national broadcast by the President, suggested that the position of the treatment meted to the former NEC Chairman, reflected the thinking in the All Progressives Congress (APC), as the late President Muhammadu Buhari, Tinubu’s predecessor, under whom June 12 was given national recognition.
The list, populated mainly by names from the South West, which included both civilians and military personnel, did not capture the category of national honours to be bestowed on the recipients, as the government said further information would be released in due course.
Prominent among those recognized, was Shehu Musa Yar’Adua, a General and former Chief of Army Staff, Supreme Headquarters between 1976 and 1979, under the military regime of Olusegun Obasanjo, who died in Abakaliki Prison in 1997, where he was detained for allegedly participation in carrying out a coup against Sani Abacha, then Head of State.
Tinubu, said the completed Institute of Petroleum Studies, Kaduna, would now be known as General Shehu Musa Yar’Adua University of Geological Sciences and Engineering Technology, to honour the General, who later became a prominent figure in Nigerian politics, “for his vision of national partnership.”
Listing the other names, Tinubu said: “I am also pleased to announce national awards to the following Nigerians, who suffered persecution, endured indignities, exile, incarceration, and, at times, solitary confinement, so that we have democracy today.”
The recipients included: Ayoka Lawani, Tunde Fagbenle, Oladele Alake, Olatunji Bello, Louis Odion, Segun Babatope, Sam Omatseye, Ademola Osinubi, Bola Bolawole and the duo of Lade Bonuola, former Managing Director of The Guardian and Femi Kusa, former Editor of the Nigerian foremost newspaper.
Others, were: Debo Adeniran, Ayo Opadokun, Chief Ralph Obiora, Ose Osayande, Osa Director, Sylvester Odion-Akhaine, Arthur Nwankwo (Posthumous) and Osagie Obayuwana, all pro-democracy activists.
The list also included Joe Okei-Odumakin , Titus Mann, Joe Igbokwe, Richard Akinnola, Ben Charles-Obi (Posthumous), George Mbah Niran Malaolu, Ishola Williams, a retired Major-General, Femi Aborisade, Jenkins Alumona, Gbemiga Ogunleye, Muyiwa Adekeye, Babajide Kolade-Otitoju and Ike Okonta.
“We also recognise the soldier-democrats of the June 12 struggle: Major General MA Garba, Brigadier General Lawal Jaafaru Isa, Col Umar Farouk Ahmed; Col Sambo Dasuki;
Col Lawan Gwadabe; Brigadier Jonathan Ndam Temlong, Col Musa Shehu; Major General Chris Eze; Major General Harris Dzarma; Col Isa Jibrin; Maj. General Joseph Oshanupin; Col Olusegun Oloruntoba, Olugbede of Gbede Kingdom), Lieutenant Colonel Happy Kefas Bulus, Col J Okai;
Col Emmanuel Ndubueze; Lt Col Yakubu Muazu and Brigadier Yahaya Abubakar, the Current Etsu Nupe, who is already the holder of the CFR title.”
From Godswill Obot Akpabio, Senate President, came a definitive message to Nigerians on Friday – the future is bright, the road is clear and destination is assured under a strong, visionary and purposeful democratic leadership of President Bola Tinubu.
But he also raised a proviso – since democracy is participatory all citizens of the country, must get involved in providing the planks, which when nailed together, would enable the leaders fortify the platform for its growth, to enhance a robust, viable future.
These formed the fulcrum of his admonishment, as he joined other national leaders to celebrate Nigeria’s 27th anniversary of uninterrupted democracy, in which it not only broke the vice grip of military rule, but witnessed seven election circles to choose leaders at both national and other levels of government.
Akpabio, Chairman of the National Assembly, Nigeria’s lawmaking institution, was particular about the participation of the Nigerian youths in making his admonition come true, reminding them that they actually owned the future being fashioned today.
Conveying his message through Eseme Eyiboh, his spokesman the former Governor of Akwa Ibom State and former Minister of Niger Delta, also called on Nigerians to embrace unity, vigilance, and active participation in nation-building, commending them for showcasing resilience and support for democracy despite some low moments.
Noting that democratic experiment remained a testimony of endurance despite years of agitations, he said: “On behalf of the 10th National Assembly, I congratulate every Nigerian for the sustenance of democracy for close to three decades. Mistakes have been made in the course of this journey but we will surely get to the desired destination with your support.”
“Democracy should extend beyond the conduct of elections and be anchored on accountability, justice, compassion and service to the common good.”
Particularly for the Nigerian youths, he was emphatic about their active participation in the nation’s political process stressing that the younger generation forms the fulcrum of leadership succession.
Hear him: “As we commemorate June 12, I wish to encourage the youth not to sit on the fence but be active participants in the nation’s political activities. The youths constitute the fulcrum of those who will succeed us tomorrow.
“Let us therefore rededicate ourselves to the ideals of freedom, transparency and accountable government, social justice, and active citizen participation, especially the youths.”
The Senate President, also spoke the current parlous state of carnage in the country, appealing to Nigerians to unite with one another and cooperate with the government to tame “the monster that has befallen the nation.”
Assuring that Tinubu’s administration remained committed to ending the menace and securing the release of all persons in captivity, he said: “I urge every Nigerian to support the administration of President Bola Ahmed Tinubu in her efforts in fighting terrorism. We understand the pains you are going through but the government is not resting on its oars and hopefully we shall overcome this current challenge and all will be well with Nigeria.”
Seriake Dickson, National Leader of the Nigeria Democratic Congress (NDC), on Wednesday showcased Peter Obi, its presidential candidate in the 2027 election, but gave a proviso – his importance would not be at the expense of the party.
A guest on Prime Time, a public affairs programme on ARISE NEWS Television, the former Governor of Bayelsa State, now Senator representing West at the National Assembly, maintained that the belief in some quarters that Obi’s entrance into the party was a favour was completely misplaced.
Instead, he argued that the opposite was the case, as it was the party that was doing its candidates a favour by giving them the opportunity to contest elective positions on its platform in the 2027 elections, a gesture that ought to be returned.
Hear him: “Don’t make it look like anyone is doing NDC a favour. No one is. Rather, the NDC and I and my colleagues are doing people a favour by granting our platform. If you are genuinely supporting Peter Obi and you are disparaging me, the leader, or the platform itself. That is nonsensical.”
Stressing that NDC had demonstrated confidence in Obi by adopting Obi as its sole presidential candidate and selecting a vice-presidential candidate without internal disputes, he said it was enough to earn its leadership the gratitude it deserved.
He added: “Nobody paid shishi. So, if a presidential candidate didn’t pay shishi to be made the sole presidential candidate and sole vice-presidential candidate, that same party cannot be the one saying that small people are underprivileged.
“I could have run. There’s no one more qualified than me. There’s no one more qualified than me to run for presidential candidate. None. There is no crisis within the NDC. Peter Obi is a cherished member of our party. On our own, we have made him a presidential candidate. Sole presidential candidate. And that counts for something. We are working well together. There’s no crisis.”
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