Knocks, applause as Tribunal upholds victory of President Tinubu
…Affirms FCT as a state, dismisses special status
…Says INEC can’t be forced to transmit election results electronically
…Faults Labour Party for failing to give credible evidence
…APC, Gov Abiodun, Gov Sanwo-Olu congratulate Tinubu, Shettima
Knocks and applause have greeted the judgement of the Presidential Election Petition Court (PEPC), sitting in Abuja upholding the electoral victory of President Bola Ahmed Tinubu.
The Tribunal Court dismissed the allegation by the Labour Party (LP) and its candidate, Mr. Peter Obi, that the 2023 presidential election was rigged in favour of President Tinubu.
The court, in its preliminary ruling held that Obi and the LP, did not by way of credible evidence, establish their allegation that the election that held on February 25, was characterized by manifest corrupt practices.
It held that though the Petitioners alleged that the election was marred by irregularities, they, however, failed to give specific details of where the alleged infractions took place.
The court noted that whereas Obi and the LP, insisted that the election was rigged in 18,088 polling units across the Federation, they were unable to state the locations of the said polling units.
It further held that Obi’s allegation that fictitious results were recorded to President Tinubu and the All Progressives Congress (APC), by the Independent National Electoral Commission (INEC) was not proved.
More so, it held that the Petitioners were unable to state the figures they claimed were reduced from election results they garnered in different States of the Federation, especially in Ondo, Oyo, Rivers, Yobe, Borno, Tabara, Osun and Lagos State.
It held that the Petitioners equally failed to state the polling units where over-voting occured or the exact figures of unlawful votes that were credited to Tinubu by the INEC.
It stressed that though Obi and LP said they would rely on spreadsheets as well as forensic report and expert analysis of their expert witnesses, they failed to attach the documents to the petition or serve same on the Respondents as required by the law.
The court held that though the petition contained serious allegations that bordered on violence, non-voting, suppression of votes, fictitious entry of election results and corrupt practices, the Petitioners, however, failed to give particulars of specific polling units where the incidences took place.
It held that several portions of the petition that contained the allegations, were “vague, imprecise, nebulous and bereft of particular materials.”
Therefore, the court, struck out paragraphs 9, 60, 61, 66, 67, 68, 69, 70, 71, 72, 73, 76, 77, 78, 83 and 89 of the petition.
Nevertheless, the court dismissed the contention of the Respondents that Obi was not validly nominated by the LP to contest the presidential election.
It noted that the Respondents had argued that Obi left the Peoples Democratic Party (PDP) on May 24, 2022 and joined the LP on May 27, 2022.
The Respondents argued that as at May 30, 2022, Obi, was not a valid member of the LP and could not have duly participated in its presidential primary election.
They insisted that his name could not have been contained in the membership register of the LP, which ought to be submitted to INEC, 30 days before the primary election held.
However, the court, in its ruling, held that the issue of membership is an internal affair of a political party, which is not justiceable.
It held that only the LP has the prerogative of determining who is its member, adding that the Respondents were bereft of the legal right to query Obi’s membership of the LP.
Likewise, the court, held that contrary to contention by Tinubu and the APC, the Petitioners, were not under any obligation to join Alhaji Atiku Abubakar who came second in the election or his party, the PDP, in the case.
It held that both Atiku and the PDP are not statutory Respondents or necessary parties to the petition.
The court also held that Obi and the LP, did not by way of credible evidence, establish their allegation that the election that held on February 25, was characterised by manifest corrupt practices.
Similarly, the court also dismissed the allegation that President Bola Tinubu was convicted in the United States of America, USA, on a drug trafficking related charge.
The court, in its lead judgement in the joint petition that was filed by the Labour Party and its candidate, Mr. Peter Obi, held that evidence before it established that the $460,000 fine that was imposed on Tinubu in the US, was in a civil matter.
…Affirms FCT as a state, dismisses special status
Meanwhile, the Tribunal ruled that the Federal Capital Territory (FCT) does not hold a higher status than other States in the country.
According to Justice Haruna Tsammani, the lead judge of the five-man panel, Section 134 (1) and (2) of the 1999 Constitution of Nigeria (as amended) stipulates that a presidential candidate must attain or score a majority of votes cast in a presidential election, where two or more candidates are involved, and at least 25 per cent in two-thirds of the 36 States and FCT to meet the constitutional requirement to be declared as duly elected as President of Nigeria.
…Labour Party rejects results
The Labour Party through its National Publicity Secretary of the party, Obiora Ifoh, rejected the Presidential Election Petition Court Judgement against its presidential candidate, Mr Peter Obi noting that justice was not served.
His words: “The Labour Party watched with dismay and trepidation the dismissal of petitions by the five-man panel of the Presidential Election Petition Court led by Justice Haruna Tsammani today and we reject the outcome of the judgment in its entirety because justice was not served and it did not reflect the law and the desire of the people.
“Nigerians were witnesses to the electoral robbery that took place on February 25, 2023, which was globally condemned but the Tribunal in its wisdom refused to accept the obvious.
“What is at stake is democracy and we will not relent until the people will prevail. We salute the doggedness of our team of lawyers who fearlessly exposed the rot in our system.
“We can only weep for democracy in Nigeria but we refuse to give up on Nigeria. Details of the party’s position will be presented after consultation with our lawyers after the Certified True Copy.
“We urge all lovers of democracy to remain focused and hopeful because a new Nigeria is possible.”
…INEC can’t be forced to transmit election results electronically – Tribunal
On the case of electronic transmission of results, the PEPT ruled that INEC was not mandated to send election results electronically.
Tsammani said, “There is no provision for the electronic transmission of election results in the Electoral Act 2022.”
On the mode of transmission of election results, the tribunal said INEC is at liberty to define the mode it intends to use.
“By the provision of Section 52 and Section 65 of the Electoral Act, INEC is at liberty to prescribe the manner in which result can be transmitted. INEC cannot be compelled to electronically transmit result,” the court held.
The PEPC also rejected 15 out of the 27 witnesses presented by the candidate of the PDP, Atiku Abubakar, for failing to establish his case against the victory of President Tinubu in the February 25 presidential election.
The Tribunal gave the verdict through one of the five-man panel, Justice Stephen Adah.
…Judgement is a true reflection of Feb. 25 Polls – APC
In a statement personally signed by Dr Ganduje and made available to journalists, the APC National chairman described the judgment as thorough, having addressed all the issues raised by the petitioners and therefore urged the PDP and Labour Party to cooperate with the Tinubu administration in its efforts at addressing the challenges facing the country.
Noting that the verdict is a true reflection of the presidential election, Ganduje added that the President Tinubu-led administration would surely live up to his electoral promises to reposition the country, achieve the desired growth and progress.
Ganduje noted that the resolve by the PDP and LP presidential candidates, Atiku Abubakar and Peter Obi to challenge President Tinubu’s victory at the tribunal spoke volumes of their faith in the nation’s judicial system.
The APC chief called on the opposition to accept the tribunal verdict in good faith as it was in tandem with the tenets of democracy and the rule of law.
He said, “I had no doubt whatsoever in my mind that the President would come out victorious, considering the massive support Nigerians gave him and our party the APC before and during the Presidential Election.
“May I also congratulate the Nigerian Judiciary for adjudicating on the issues arising from the presidential election without fear and favour by doing the right thing. With this judgment, a precedent has been set for electoral matters in the country.
“The judgement attests to the fact that the rule of law would always reign supreme and our hard-earned democracy would further continue to blossom beyond limits.
“For the opposition, I urge you to accept the verdict of the tribunal. There will always be another round of elections whereby you can test your popularity and acceptability from the electorates. Once more, I congratulate President Tinubu and our teeming supporters who stood by the party through thick and thin.”
…Gov Abiodun, Gov Sanwo-Olu congratulate Tinubu, Shettima
Governor Dapo Abiodun of Ogun State and Lagos State Governor, Mr. Babajide Sanwo-Olu on Wednesday congratulated President Bola Ahmed Tinubu and Vice President, Kashim Shettima on their resounding victory at the Presidential Election Petition Tribunal.
Prince Abiodun said the tribunal’s verdict was an affirmation of the trust reposed in the President by Nigerians as evidenced in the outcome of the presidential election.
He described the judgment as sound, detailed and comprehensive, noting that the judges displayed unmatched courage in the discharge of their duties.
“It is heartwarming that the tribunal judges did not succumb to intimidation by the opposition, who deployed various antics to sway the judgement in their favour.
“The judgement is a further testament to the fact that the judiciary is the last hope of our people,” the governor said.
Reacting to the court verdict, Governor Sanwo-Olu said the APC members across Nigeria and the President, Asiwaju Bola Tinubu, worked very hard for the victory enjoyed at the February 25th presidential election, noting that today’s Presidential Election Petition Court’s decision, which was in favour of the President is comforting and also an affirmation of the will of over eight million Nigerians who filed out to cast their ballots for the APC and President Bola Tinubu as their choice.
Governor Sanwo-Olu in a statement issued on Wednesday by his Chief Press Secretary, Mr. Gboyega Akosile, said Nigerians had spoken through the ballots and the Court has also validated the citizens’ decision by today’s judicial pronouncements, which upheld the victory of President Tinubu during the 2023 presidential poll.
The Governor said millions of Nigerians were not in doubt as regards the mandate freely given to President Tinubu to steer the ship of Nigeria for four years based on his track records and laudable achievements as two-term Governor of Lagos State.
He said, “What we are witnessing today is the beauty of democracy and the rule of law. We had an election in February this year where over eight million Nigerians voted to elect Asiwaju Bola Tinubu as the President of the Federal Republic of Nigeria.
“We ordinarily thought that the losers should have displayed good spirit of sportsmanship by congratulating the winner (President Tinubu) but they chose to contest the election results, which is within their rights. Now that election and the results have been upheld by the Court. I hope they would do the needful.
“I congratulate the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, President Bola Tinubu on his well deserved victory at the Presidential Election Tribunal Court.”
“I also congratulate the leadership and members of our great party, the All Progressives Congress, and all Nigerians at home and in the Diaspora on this very landmark judicial victory.”
