Presidential Election Petition: Atiku, Obi reject judgement, head to apex court to justify claims
…Judgement bereft of substantial justice – Atiku
…I shall not relent in quest for justice – Obi
By Moses Adeniyi
While applause from the support side greeted the affirmation of the victory of President Bola Tinubu in the February 25, 2023 election as declared by the Independent National Electoral Commission (INEC), the main opponents of the President in the election, Alh. Atiku Abubakar, candidate of the People’s Democratic Party (PDP), and Mr. Peter Obi of Labour Party (LP) have stood on common ground to head to the Supreme Court to counter the judgement delivered by the Presidential Election Petition Court (PEPC) which on Wednesday affirmed Tinubu’s victory.
Affirming Tinubu’s victory at the polls, the Tribunal Court had dismissed arguments filed by both Atiku and Obi and their respective parties, including those of the Allied Peoples Movement (APM), which they relied on seeking to annul Tinubu’s victory as declared by INEC.
Both Atiku and Obi on Thursday in separate reactional press briefing, declared their resolve to approach the Supreme Court in a bid to set aside the decision of the Tribunal Court.
…Judgement bereft of substantial justice – Atiku
Atiku while rejecting the decision of the Tribunal Court, said the judgement failed to restore confidence.
While addressing a world press conference at the PDP headquarters in Abuja, the former Vice President said: “Though the judgement of yesterday is respected, it is a judgement I refused to accept. I refused to accept the judgement because I believe it is bereft of substantial justice.”
Atiku who said he was not new to legal battle and would continue to explore the judiciary for justice, said: “However, the disappointment in the verdict of the court can never destroy my confidence in the judiciary.
“Consequently, I have asked my lawyers to activate my constitutionally guaranteed rights of appeal to the higher court, which in this instance, is the Supreme Court of Nigeria.”
“My decision to go to court is anchored in my belief that the court is the sanctuary of justice. The journey of my political career, as you know, holds so much to the courage and fearless decisions of our judiciary.”
“Indeed, I am no stranger to legal battles, and I can say that I have a fair idea of how the court system works. All through my career as a politician, I have been a fighter, and I must say that I have found the judiciary as a worthy pillar to rest on in the pursuit of justice.”
“The last presidential election in our country and the way it was managed by the electoral umpire, the Independent National Electoral Commission, leaves behind unenviable precedents, which I believe the courts have a duty to redress.”
“Our gains in ensuring transparent elections through the deployment of technology was heavily compromised by INEC in the way it managed the last presidential election, and I am afraid that the judgement of the court as rendered by the Presidential Election Petition Tribunal yesterday, failed to restore confidence in our dreams of free and fair elections devoid of human manipulations.”
“Like I did say at the beginning of this legal battle when I instructed my lawyers to file my petition challenging the outcome of the presidential election, my ultimate goal in this pursuit is to ensure that democracy is further strengthened through the principles and processes of fair hearing.”.
…I shall not relent in quest for justice – Obi, calls for peaceful conduct
On his part, the presidential candidate of the Labour Party, Peter Obi, on Thursday also vowed not to relent in his quest to seeking justice, as he said he would appeal the verdict of the Tribunal Court.
Obi on Thursday at a press conference in Onitsha, Anambra State, while reacting to the five-man panel judgment led by Justice Haruna Tsammani said, “Yesterday, 6 September 2023, the Presidential Election Petition Court (PEPC) finally delivered its long-awaited judgments on the Petitions challenging the outcome of the presidential election held on 25 February 2023. This judgment was delivered within the statutory time frame under the extant statutes. We acknowledge the Court’s contributions to due process and the seeming attempt to strengthen our democracy.
“As petitioners in this case, we respect the views and rulings of the Court, but we disagree with the Court’s reasoning and conclusions in the judgment it delivered. It is my intention as a presidential candidate and the intention of the Labour Party to challenge this judgment by way of appeal immediately, as allowed by the Constitution of the Federal Republic of Nigeria.
“The PEPC has rendered its judgment, but that esteemed body is not the final arbiter. The responsibility now falls on the Supreme Court. I do know that judgment is not coterminous with justice. I implore Nigerians to remain focused, steadfast, and peaceful; abide by the rule of law, and understand that this matter has not reached its logical conclusion.
“Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country whose mandate to us at the polls was regrettably truncated by INEC.
“The strength and value of our democracy reside in solid national institutions and our confidence in them. Electoral litigations will be almost unnecessary and nonexistent if the Independent National Electoral Commission (INEC) discharges its statutory functions creditably, transparently, and with discernible fairness. When that body fails, as it did recently, thus subverting the will of Nigerian voters, the recourse to the judiciary becomes imperative, as is now the case.
“I thank every Nigerian who has supported our cause and campaign for a New Nigeria characterized by fairness, equity, justice, the rule of law, peace, prosperity, inclusiveness, sustainable growth, and development. A New Nigeria is possible and achievable. I especially thank our legal team, the Labour Party and Obidient Family, and all those who showed up daily during the court trials. God bless you all, and God bless the Federal Republic of Nigeria.”
Recall the Labour Party had on Wednesday rejected the verdict of the Tribunal Court in a statement by its National Publicity Secretary, Obiora Ifoh.
“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 wrath in our system. We can only weep for democracy in Nigeria but we refuse to give up on Nigeria,” the party had said.
Obi’s lawyer, Dr Livy Uzoukwu, SAN, had vowed to appeal the judgement of the Tribunal Court, while speaking after the judgment was delivered on Wednesday.
He had stressed that litigants who are dissatisfied with the outcome of an election may resort to self-help if they continue to find it very difficult to establish their case owing to obstacles from government institutions like the Independent National Electoral Commission (INEC).
He also warned that if care was not taken, sound electoral jurisprudence would disappear in the Country.
“If we are not careful, our electoral jurisprudence will eventually disappear. I am saying this with every amount of sincerity because when the litigant, when those who contested the election continue to find it very difficult to establish their case due to obstacles on the way, starting with INEC, certainly they may resort to some other means of trying to get justice, which may not be lawful.
“Also, I commend the Court of Appeal for introducing live streaming. You may recall that we applied to the court to have live streaming of all the proceedings, but the court, in its wisdom did not grant the application.
“But now, in the end, they saw the wisdom in it and the need to guarantee transparency, hence, live streaming of the judgement.
“Certainly, it would have been better if it was live streaming of the entire proceedings so that the public would have the chance to watch and be able to relate properly with the judgement.
“So, I will hope and pray that this time, it will be continuous, starting from the beginning of a case.
“That is the only way that you can guarantee transparency because when something is open, Nigerians will see things for themselves and they will make up their minds, one way or the other,” he had said.
Also, the Legal Adviser to the Labour Party, Kehinde Edun, vowed to challenge the judgment at the Supreme Court.
On similar grounds, Atiku’s Lead Counsel, Chris Uche, SAN, said he had received instructions from his client to file an appeal at the Supreme Court.
“The judgment has been delivered but we have not received justice. Luckily, the law has given us leverage to go on appeal to the Supreme Court. We have instructions from our clients to go to the Supreme Court. The struggle continues,” he said.
Meanwhile, the Minister of Aviation and Aerospace Development, Festus Keyamo, in reaction to the opposition’s dissatisfaction with the judgement had asked those opposed to Tinubu’s victory to “have some sense” and embrace the government of the former Lagos State Governor.
Keyamo, in a post on X, said the tribunal judgment has proved him and others right.
He wrote, “Today, Daniel has come to judgment: whether it is the fake US drug issue or the 25% FCT issue or the issue of IREV, EVERY SINGLE thing some of us have always shouted ourselves hoarse about during the campaigns and post-campaigns have been PROVED ABSOLUTELY RIGHT.
“It only reassures some of us to always stand up for what we believe in, even if it appears to be against the temporary tide! Eventually, posterity will always vindicate the just!
“Huge congratulations to @officialABAT for this judicial vindication from all the wicked lies against his person. Now, it is time for them to have some sense and embrace his government and national reconciliation!”
Following the judgement, Tinubu on Wednesday while welcoming the verdict, had assured Nigerians that he is more energised and focused on delivering his vision of a unified, peaceful, and prosperous nation.
“President Tinubu welcomes the judgment of the Tribunal with an intense sense of solemn responsibility and preparedness to serve all Nigerians, irrespective of all diverse political persuasions, faiths, and tribal identities,” the President’s Special Adviser on Media and Publicity, Ajuri Ngelale, revealed in a statement he signed on Wednesday night.
In the statement titled, ‘President Tinubu welcomes tribunal verdict and calls for collective efforts to build the nation,’ the President said he recognised the diligence, undaunted thoroughness, and professionalism of the five-member bench, led by Justice Haruna Tsammani in interpreting the law.
He affirmed that his commitment to the rule of law, and the unhindered discharge of duties by the Tribunal, as witnessed in the panel’s exclusive respect for the merits of the petitions brought forward, further reflects the continuing maturation of Nigeria’s legal system.
According to Tinubu, the development speaks to the advancement of Africa’s largest democracy “at a time when our democratic system of government is under test in other parts of the continent.”
“The President believes the Presidential Candidates and Political Parties that have lawfully exercised their rights by participating in the 2023 general elections and the judicial process, that followed, have affirmed Nigeria’s democratic credentials.
“Therefore, he urged his valiant challengers to inspire their supporters in the trust that the spirit of patriotism will now and forever be elevated above partisan considerations, manifesting into support for our Government to improve the livelihood of all Nigerians.
“President Tinubu thanks Nigerians for the mandate given to him to serve our country, while promising to meet and exceed their expectations, by the grace of God Almighty, and through very diligent hard work with the team that has been put in place for that sole purpose,” the statement had said.
The PEPC which began sitting at 9.40am at the Court of Appeal, Abuja, on Wednesday ruled that the petition filed by Atiku and Obi and their parties had no merit and unanimously upheld Tinubu’s electoral victory in the February 25 presidential election.
The five-member panel took turns to dismiss the petitions presented by Atiku and Obi against the declaration of Tinubu INEC on March 1, 2023.
The PEPC also struck out the Allied Peoples Movement (APM) petitions against President Tinubu and his Vice, Kashim Shettima, for lack of merit.
The PEPC dismissed and described APM’s case filed to nullify Tinubu’s election as “incompetent”.
The Court held that issues raised by the APM in its petition contained pre-election matters that could only be determined by the Federal High Court.
Reading the verdict, Justice Haruna Tsammani, who led the five-person panel had said “This petition accordingly lacks merit. I affirm the return of Bola Ahmed Tinubu as the duly elected President of the Federal Republic of Nigeria. The parties are to bear their cost.”c
Thereafter, the four other Justices unanimously took turns to dismiss the petitions presented by the PDP’s Atiku Abubakar and Labour Party’s Peter Obi, challenging Tinubu’s emergence as President.
In the 12-hour session, the Court dismissed the three consolidated petitions of CAPPC/03/2023, CAPPC/04/2023, and CAPPC/05/2023 on several grounds, including a lack of merit.
