Alleged electoral fraud: Presidency breaks silence, justifies Tinubu’s victory
…Says no going back on outcome, no case of annulment, June 12, 1993 won’t repeat itself
…Says allegations against INEC vile, unsubstantiated
…More complexities for INEC as Court orders Commission to allow use of Temporary Voter Cards for forthcoming election
…Afenifere joins knocks on INEC, says Obi won election
By Moses Adeniyi
Breaking silence over allegations of irregularities against the Independent National Electoral Commission (INEC) on the conduct of the February 25 presidential and National Assembly (NASS) elections, the Presidency has justified the outcome declared by the Commission maintaining its earlier stand that the “election will not be annulled” like that of the June 12, 1993 election.
Reaffirming President Muhammadu Buhari’s assurance that “whoever is the winner will be president,” the Presidency affirmed the victory of the All Progressives Congress (APC) candidate, Asiwaju Bola Tinubu and his declaration by INEC as President-elect, stating that “Tinubu’s election stands,” and whoever is aggrieved can challenge it with the locus to prove any case otherwise before the Court.
The position of the Presidency was made known in a report by the Senior Special Assistant to the President on Media and Publicity, Mallam Garba Shehu, titled, “At the 5th United Nations Conference on Least Developed Countries (LDCs), President Buhari drums up support for Asiwaju Bola Ahmed Tinubu’s Presidency.” In the report which briefed the participation of President Buhari at the LDCs Conference, in Doha, Qatar, the Presidency said that the knocks on INEC were vile and unsubstantiated allegations.
It stated that against pressure, President Buhari who was faced with orchestrated attempts to poison public opinion against national institutions, particularly the presidential election and its conduct by the INEC, stood without changing grounds. The presidential spokesman in what could be described as the takeaways he listed from the President participation at the LDCs Conference, in Doha, Qatar, said that Buhari, while speaking to Nigerians in the Diaspora about the ongoing political transition, called for support for the incoming government of Asiwaju Tinubu, “so that Nigeria will continue to be the beacon of hope and prosperity in our continent and an example for other African countries to emulate.”
“In addition to other things, this trip, more than any other, speaks to the courage, political stamina and statesmanship with which the President has managed the affairs of the nation.
“In the buildup to the trip, he was faced with orchestrated attempts to poison public opinion against national institutions, particularly the presidential election and its conduct by the independent National Electoral Commission, INEC as an institution, against which vile and unsubstantiated allegations were hurled. The clear intent of this was creating an atmosphere of fear, polarising the public and demonising the administration of the President.
“The wishful thinkers appeared to assume that the June 12, 1993 election crisis, the worst ever since the Civil War could be recreated. Those who sought to do this forgot what the President said at the palace of the Gbong-Gwon Jos, when he went to the city to inaugurate the Tinubu-Shettima campaign: ‘this election will not be annulled; whoever is the winner will be president,’” Shehu, who revealed this in the piece chronicling key takeaways from the President’s recently-concluded trip to Doha, Qatar, said.
“President Buhari not only muted himself following the cacophony, he picked up international travel: Bola Tinubu’s election stands. If you are aggrieved, and you have the locus to do so, go to court.
“President Buhari used the opportunity of the visit to speak to his guests about the recent election in Nigeria and the fact that a new President would be taking over in less than three months. He hoped that the strong relations he had built between those countries will continue to endure in the new administration.
“The highlight of the conference for Nigeria was the national address on the theme of this year’s event ‘From Potential to Prosperity,’ a speech that observers described as strikingly activist. In it, the President criticised the current structure of the global financial system which, he said, ‘places an unsustainable external debt burden on the most vulnerable countries,’” he added.
Recall President Buhari had repeatedly affirmed his resolve to conduct a transition election that would be adjudged free, fair and credible, declaring his position to ensure Nigerians are given ample chance to elect their choice of leaders without interference by party leanings. Premised around the promise were the signing into the law, the Electoral Act, 2022, and the introduction of new technology for the elections.
Although, both the new system of technologies and body of electoral law faced strong resistance, the President gave his nod, declaring resolve to ensure an election devoid of malpractices. Although there were preparatory elections as of those of Osun and Ekiti States gubernatorial elections in 2022, the outcome of the February 25 presidential and NASS election has generated much reactions, with calls from some quarters for the cancellation of the polls. The outcome of the presidential election has been much contested.
Frontline contenders with Tinubu at the presidential poll which include the duo of Atiku Abubakar of the Peoples Democratic Party (PDP) and Mr Peter Obi of the Labour Party (LP), who were defeated at the polls, have declared their resolve to explore legal mechanisms to challenge the outcome of the election in court, alleging electoral fraud.
Both PDP and LP had since rejected the outcome of the election and vowed to challenge it in court.
Recall INEC in early hours of Wednesday, 1st of March, had declared Tinubu, candidate of the APC, as the winner of the election and President-elect of the presidential poll held on February 25.
According to the results announced by INEC, Tinubu of the APC polled 8,794,726 to defeat Atiku of PDP with 6,884,520 votes, while Peter Obi of Labour Party and Sen Rabiu Kwakwanso of New Nigeria Peoples Party (NNPP) recorded 6,101,533 in third position and 1,496,687 votes (4th position) respectively. The margin between Tinubu who polled 8,794,726 votes and Obi who polled 6,101,533 is over 2.6million votes. Atiku, 76, who has now run for presidency race six times, polled 6,984,520 votes, ahead of Obi who polled 6,101,533.
Tinubu, Atiku, and Obi led in 12 States each, while Kwakwaso of NNPP led only in one State (Kano).
Recall during the collation process there had been protests against INEC, with demands that the Commission upload the results on the INEC Result Viewing Portal (IReV). In a related development, agents of the PDP and other opposition parties had staged a walk out of the International Collation Centre in protest. Demostrations had trailed the development by demonstrators demanding INEC to electronically upload the results against manual collation adopted by the Commission. Meanwhile, in his reaction, Atiku had Thursday, 2nd March, rejected the declaration of Tinubu as winner of the presidential polls, arguing that the level of “manipulation and fraud that attended this election was unprecedented in the history of our nation.” Atiku in his first media briefing in Abuja, after the poll, described the process as flawed – “a rape of democracy” which he said “must be challenged.”
Under the Electoral Act 2022, any candidate dissatisfied with the return made by the INEC, shall within 21 days after the date of the declaration of the result of the election, file a petition before the tribunal. An election tribunal shall deliver its judgement in writing within 180 days from the date the petition was filed.
Atiku rejecting the outcome of the election had while knocking INEC for what he described as conducting the “worst” election in Nigeria’s history, said the outcome would contested in Court. Meanwhile, on his part, the Presidential candidate of LP, Obi said on Wednesday that he remained committed to the mission of retrieving his mandate by contesting the outcome of the presidential poll declared by INEC.
Obi who stated this in a statement he issued via his verified Twitter handle on Wednesday, said, “I remain committed and will give more attention to our mission of retrieving our mandate. A new Nigeria is possible! -PO.
“It is also imperative that Obidients vote for candidates with Competence, Character, Capacity, and Compassion.
“I am supposed to commence our whistle-stop campaign for our various Labour Party Governorship and State Assembly Candidates today. Initially, my trip was to take me to Nasarawa, Lagos, Enugu, Abia, Delta, Edo, Rivers, Plateau, Borno, etc.
“However, following INEC’s refusal to allow our party to inspect the materials (including BVAS) from the 25th February presidential elections, I am personally heading to the Court today with our lawyers.
“As we pursue due process and defer to the rule of law, I urge all the OBIdients in the various states to continue campaigning for our candidates, namely, Gbadebo Rhodes Vivour in Lagos, Chijoke Edeoga in Enugu, Patrick Dakum in Plateau, Alex Otti in Abia, Ken Pela in Delta, Ibrahim Mshelia in Borno, to name just a few.”
Meanwhile, the contest against the outcome of the Feb. 25 presidential poll has turned out to be more of complex dimension as parties in the suit before the Presidetial Election Petition Court are flexing muscles by sophisticated legal teams of renowned lawyers in the categories of Senior Advocates of Nigeria (SANs). It has been reported that the services of no less than 80 senior lawyers In the ranks of SANs have been engaged in the legal teams of the contending parties in the suit.
Recall Atiku on Wednesday inaugurated a team of no fewer than 19 SANs, trailing that of APC’s and its presidential candidate in the recently held presidential election, Tinubu, which formally combined 13 SANs in their defence team.
Recall also in a letter to President Buhari, former President Olusegun Obasanjo immediately after the polls, had demanded for cancellation, alleging irregularities, a development that attracted mixed reactions.
INEC has continued to come under severe attacks. On Thursday, the Coalition of Civil Society Organizations, (CSOs), in Abia state called on INEC, the Department of State Services (DSS), and the Nigerian Police to explain reasons why the Resident Electoral Commissioner (REC), Abia State, Prof. Ike Uzochukwu, was allegedly abducted during the Feb. 25 Presidential and NASS polls in the State.
Spokesmen for the CSOs, Obinna Nwagbara, Director of Youth and Students Advocates for Development Initiative (YSAD Coalition); Comrade Nelson Nnanna Nwafor, Foundation for Environmental Rights, Advocacy and Development (FENRAD); Onyinyechi Nwosu, Vivacious Development Initiative (VIDI); Okoye Chuka, Director of the Centre for Human Rights Advocacy & Wholesome Society (CEHRAWS); Cassius Ukwugbe, Human Rights, Justice and Peace Foundation (HRJPF) and Nnamdi Elekwachi, Society for Economic Rights and Social Justice (SERSJ); demanded to know the true story of Uzochukwu’s alleged disappearance during the polls. The CSOs who said that they worked across the 17 council areas of the State where they observed the polls, stated that it is the right of the people of the State to know what happened over the alleged abduction.
“From a report made available to us, which was also sent to INEC headquarters, Prof. Uzochukwu narrated his travails and ordeals on election day, when he was abducted by security agencies and placed under ‘forceful detention’ and ‘false arrest’ such that his detention, as he claimed, affected the declaration of results and pronouncement of winners made thereto.
“Why was the REC alongside his PA detained while the election was ongoing? Was the directive for the Administrative Secretary to assume the role of the REC from INEC? And if so, did INEC put up a release in the public domain or official document addressing the unwarranted arrest of Abia State REC?
“In his seven-page report, the REC asserted that the results as announced by certain officials in his absence may not have met the ‘minimum requirements’ and this leaves a lot desired. We are troubled to ask if the Commission would allow Abia’s democracy to be raped in the open this way.”
The CSOs further stated that they were surprised by ‘step-aside letter’ from the Commission directing the Abia REC to cease carrying out further election duties.
They said, “We are in possession of a 2-paragraph letter ordering this ‘step aside.’ The idea of stepping aside rings a bell to our ears as a certain military dictator who annulled the most popular, freest and fairest election in our nation’s history used that expression when he sought leave from governance.
“It is shocking that INEC rather than address the alleged abduction and detention of its REC went ahead to order the same REC to step aside without an enquiry about his sudden disappearance on a crucial day of the election.
“INEC, the DSS and the Police owe Abians explanation to all these. We as citizens have the right to know. We reject this development in its entirety and call on INEC to thoroughly look into the report from the embattled Abia REC.
“INEC must be aware that this ugly development could erode public confidence. To redeem its image, the Commission should explain to Abians the reason/s for the ‘step aside’ letter.
“INEC should use its Inter-agency Consultative Committee on Election Security (ICCES) or any other relevant authority at that to investigate the alleged abduction of the Abia REC.”
The CSOs added that they raised the above issues to be tackled because they are aware of the apathy they may create on the already angered Abia people, especially the youth and first-time voters both now and in the future.
“We also call on the Inspector General of Police and the Director-General of the DSS to look into the alleged conduct and role of their personnel in the said detention and explain to Nigerians what truly happened. They should equally bring to book any officer of the law within their ranks found culpable and complicit,” they demanded.
Recall that Prof Uzochukwu had in a seven-page report lamented that his life was under threat on the 26th of February, 2023, at about 13:00 pm, when he and his Personal Assistant, PA, were forced out of their hotel room by the DSS and Police without warrant while they were preparing to return to the INEC State Office (having worked throughout Saturday, 25th February 2023 till about 5 am of Sunday, 26th February 2023).
He had said, “The DSS and Police details attached to me were also withdrawn from me and the Police details were detained. Having been released on bail by the Abia State Police on Tuesday, 28th February 2023 at about 5pm, I quickly sent an email to the Chairman of the Commission (INEC) expressing surprise at the DSS and Police actions against me.
“I am yet to be informed of my offence. I have been deprived of vital information contained in my personal laptop, official files and other personal items, all still being held by the Abia State police.
“I had to leave for the hospital on Thursday, 2nd March 2023 for a check-up due to the trauma and unhealthy environment I was subjected to both at the Abia State DSS and Police. My life is in grave danger as I now move without any security detail.”
…Afenifere joins knocks on INEC, says Obi won election
As knocks trail INEC’s conduct of the election, Pan-Yoruba socio-political organisation, Afenifere, joined the train lampooning the Commission over the conduct and outcome of the Feb. 25 presidential and NASS elections.
In a communique issued after its general meeting made available to newsmen by the Secretary General of the association, Mr Sola Ebiseni, in Akure, the Ondo State capital on Wednesday, Afenifere alleged the Commission did not comply with electoral guidelines in the last election, stating, the presidential candidate of the Labour Party, Obi, won the election.
According to the group, the alleged deliberate non-compliance by the Commission on the mandatory guidelines encouraged electoral brigandage.
The communique partly reads, “The deliberate non-compliance by the Commission with these mandatory guidelines encouraged electoral brigandage at the polling units which included the destruction of ballot papers, snatching of ballot boxes;
“Doctoring of figures and swapping of votes of candidates at the coalition centres by amended and outlawed manual procedures which rendered the 25th February 2023 Presidential and National Assembly elections flawed in several respects as confirmed by local and international observers.
“The results of the lawful votes at the election available to the Afenifere through credible sources confirm that His Excellency Peter Gregory Obi, the Presidential candidate of the Labour Party won the said election and we thus support his decision challenging the contrary Declaration by the INEC.
“We denounce in strong terms and dissociate Afenifere from any congratulatory message in the name of the Organisation or howsoever to any candidate as illegally declared by the INEC.
“Afenifere reiterates that for equity, fairness, national cohesion and peaceful corporate existence, the next President of the Federal Republic of Nigeria shall be a person of its Southern part and specifically the South-East.”
It called on Nigerians to troop out en masse and participate fully in the governorship and houses of assembly elections.
…More complexities for INEC as Court orders Commission to allow use of Temporary Voter Cards for forthcoming election
Meanwhile as INEC comes under knocks on the Feb. 25 elections, the Commission may be set for more complexities as a Federal High Court in Abuja, on Thursday, brought a mix into the various litigations against INEC ordering the Commission to allow the use of Temporary Voter Cards in the forthcoming governorship and state House of Assemblies elections which has been rescheduled for March 18.
Two aggrieved Nigerians had filed a suit seeking the use of the Temporary Voter Card in the general elections in the absence of the Permanent Voter Cards.
The plaintiffs, Kofoworola Olusegun and Wilson Allwell, in the suit filed on February 8 and marked FHC/ABJ/CS/180/2023, challenged the position of INEC and asked the court to determine “whether a person whose name appears in the electronic format in INEC’s central database and manual, printed paper based record or hard copy format of the register of voters and has been assigned a Voter’s Identification Number can be said to be entitled to be accredited to vote with his/her TVC in the general election to be conducted by the defendant.”
The plaintiffs further requested the court to determine whether such a person can, as a consequence of INEC’s liabilities… omission be disenfranchised of the right and entitlement to vote in the 2023 general election.
Consequently, they prayed for the following reliefs should the questions be answered in their favour.
They asked for “a declaration that the plaintiff, having fulfilled all necessary legal requirements to register and having consequently been captured in its central database and manual, printed paper-based record or hard copy format of INEC’s maintained register of voters, the plaintiffs are entitled to vote using their TVC in the 2023 General Elections.”
Ruling, the court held that there was no portion of the law, both the 1999 Constitution and the Electoral Act that states that it is only PVCs that could be used, but that the law under Section 47 provided for a voter’s card.
Justice Egwuatu stated that the order was made on the grounds that the plaintiffs were duly registered and captured in INEC’s database.
He ruled that, “an order is made compelling the defendant to allow the plaintiffs to vote using their Temporary Voter Cards issued by the defendant, the plaintiffs having been duly captured in the National Register of Voters database.”
The judge further held that the plaintiffs are entitled to vote using their TVC in the forthcoming 2023 general election “having fulfilled all necessary legal requirements to register and having consequently been captured in INEC’s central database and manual, printed paper-based record or hard copy format.”
However, prayer 3 which was a request to allow every eligible voter with a TVC to vote was not granted.
On the request that, “Any other order, the court may deem fit for all other Nigerians who are like the plaintiffs and have not gotten their permanent voter’s card, as the court may deem fit,” the judge held that the suit was not filed in a representative capacity.
The court maintained that, “This suit having not been brought in a representative capacity, I find myself unable to grant any relief pursuant to prayer three of the plaintiffs application.”
Counsel for the plaintiffs, Victor Opatola said that the judgement was a win for all Nigerians who suffered to get registered to vote, were duly registered but due to no fault of theirs could not get their PVCs before the election.
He said, “Since my clients had fulfilled all necessary requirements by law but were not issued their PVCs until the time for collection of PVCs was over, they should not be allowed to suffer.”
The lawyer also said that it was the law of equity that what applied to the goose should also apply to the gander.
“So what the court is saying is that these two people who have fulfilled all necessary requirements can vote with their TVCs, then by law of equity, it should also apply to all Nigerians who have fulfilled all necessary requirements and were issued TVCs by INEC,” he argued.
Furthermore, he asserted that the content of the TVC was the same as the content of the PVC and the only difference was the plastic used for the PVC. Recall litigations against INEC were part of the limitations that forced the Commission to postpone the Governorship/State House of Assemblies elections earlier scheduled for Saturday March 11 to March 18.
The Commision in a statement signed by its National Commissioner & Chairman Information and Voter Education, Committee, Barr. Festus Okoye at the late hours of Wednesday had said the rescheduling became necessary following the ruling by the Presidential Election Petition Tribunal (EPT) on the reconfiguration of the Bimodal Voter Accreditation System (BVAS). Recall that opposition parties have been protesting the INEC’s declaration of Asiwaju Bola Tinubu as the winner of the 25th February presidential election which has led to litigations against the electoral umpire, the All Progressives Congress (APC) and the president-elect.
A Court ruling had earlier given an ex-parte order for some political parties to inspect materials used for the Presidential election, including the forensic inspection of over 176,000 BVAS used in the election which are located in INEC LGA offices across the country.
Another ruling was given in favour of INEC on Wednesday to prepare the BVAS for the governorship and State Assembly elections.
However, the Commission said the ruling came too late for the reconfiguration to be concluded, consequently, rescheduling of the elections became imperative so as to have enough time to prepare.
…Court orders INEC to upload results on IReV for Guber/State Assembly elections
Meanwhile, as concerns trail INEC’s management of the second phase of general elections, the Federal High Court in Lagos, on Wednesday, had ordered the Commission to directly and electronically upload the results from the polling units to the INEC Result Viewing Portal (IReV) for the forthcoming, governorship and state House of Assembly elections in Lagos State.
Justice Peter Lifu made the order while delivering judgment on a suit filed by the Labour Party and 41 others, in which they sought an order of mandamus to compel INEC to obey the Electoral Act and its guidelines for the conduct of the elections.
The judge held that the Court had the jurisdiction to entertain the suit because it was commenced in accordance with the provisions of the law.
He also held that the subject matter of the suit was not a pre-election issue because the reliefs sought by the applicants deal with preparation for elections and not the conduct of the elections.
Justice Lifu further stated that all that the applicants were trying to do was to compel the electoral body to comply with the Constitution, its regulations, and guidelines, following its failure to do so during the presidential and NASS elections held on February 25.
Therefore the Court granted the applicants “an order of mandamus directing and compelling the defendant and all its agents and their privies or any persons acting under their directions to comply with and enforce the provision of Clause 37 of the Regulations and Guidelines for the Conduct of Elections, 2022 for the conduct of the governorship and House of Assembly elections in Lagos State on 11 March 2023, to wit: Mandating the Presiding Officer of all Polling Units to paste the Publication of Result Poster EC60(E) at the Polling Units conspicuously after completing the EC8A result sheet.”
