Last Updated on September 7, 2023 by Spynaija
The Nigerian Presidential Election Tribunal (PEPT) Verdict upholds the 2023 Election and Declares Tinubu the Winner
The 2023 Nigerian presidential election was held on February 25, 2023. The results were declared final by the Independent National Electoral Commission (INEC) on March 15, 2023. The All Progressives Congress (APC) candidate, Bola Ahmed Tinubu, was declared the winner.
However, several opposition candidates and parties have filed petitions challenging the election results. The petitioners allege that there were widespread irregularities and malpractices that affected the outcome of the election. and In addition the Candidacy of the Announced winner.
The Law
The laws governing election petitions in Nigeria are contained in the Electoral Act of 2022. The Act provides that a petition challenging the results of an election must be filed within 21 days of the election. The petition must be filed with the Election Petition Tribunal, which is a special court that hears election disputes.
The Parties Involved
The parties involved in a presidential election petition are the petitioner, the respondent, and the umpire. The petitioner is the person or party challenging the election results. The respondent is the person or party who was declared the winner of the election. The umpire is the Independent National Electoral Commission (INEC).
The petitioners:
In the 2023 presidential election petition are:
Atiku Abubakar, the candidate of the People’s Democratic Party (PDP)
Peter Obi, the candidate of the Labour Party
Rabiu Kwankwaso, the candidate of the New Nigeria Peoples Party (NNPP)
Kingsley Moghalu, the candidate of the African Democratic Congress (ADC)
Omoyele Sowore, the candidate of the African Action Congress (AAC)
The respondents in the petition
The Respondents and the targets of the petition are:
Bola Ahmed Tinubu, the candidate of the All Progressives Congress (APC)
The Independent National Electoral Commission (INEC)
The petition is currently being heard by the Election Petition Tribunal. The Tribunal is expected to make a ruling on the petition within 180 days of its filing. The hearing started on Wednesday, 06, September, 2023
The outcome of the petition could have a significant impact on the political landscape in Nigeria. If the petition is successful, it could lead to the annulment of the election results and the holding of a new election. This could also lead to widespread protests and unrest.
The petition is a complex and highly contested case. It is likely to take several months for the Tribunal to make a ruling. In the meantime, the political atmosphere in Nigeria remains tense and uncertain.
This page will present the updates of the petitions as they arrive:
The Petitions:
The following are the petitions presented by the opposition candidates challenging the election results of the 2023 Nigerian presidential election:
Atiku Abubakar
The candidate of the People’s Democratic Party (PDP), alleges that there were widespread irregularities and malpractices in the election, including:
- The use of unregistered voters
- The inflation of results
- The disenfranchisement of voters
- The abuse of incumbency powers by the APC
Peter Obi
The candidate of the Labour Party, alleges that there were widespread irregularities and malpractices in the election, including:
- The use of multiple voting cards
- The manipulation of electronic voting machines
- The intimidation of voters by security forces
- The failure to provide a level playing field for all candidates
Rabiu Kwankwaso
The candidate of the New Nigeria Peoples Party (NNPP), alleges that there were widespread irregularities and malpractices in the election, including:
- The disenfranchisement of voters
- The failure to provide a level playing field for all candidates
- The bias of the INEC in favor of the APC
Kingsley Moghalu
The candidate of the African Democratic Congress (ADC), alleges that there were widespread irregularities and malpractices in the election, including:
- The use of violence and intimidation to suppress the vote
- The failure to provide a level playing field for all candidates
- The bias of the INEC in favor of the APC
Omoyele Sowore
The candidate of the African Action Congress (AAC), alleges that there were widespread irregularities and malpractices in the election, including:
- The use of violence and intimidation to suppress the vote
- The failure to provide a level playing field for all candidates
- The bias of the INEC in favor of the APC
The petitioners are asking the Election Petition Tribunal to annul the election results and order a new election. The Tribunal is expected to make a ruling on the petition within 180 days of its filing according to the law
The Summary of the petitions contesting the declaration of President Bola Tinubu as the victor in the February 25th presidential election that occurred nationwide, overseen by the Independent National Electoral Commission (INEC).
- They alleged that INEC did not adhere to the Electoral Act.
- President Bola Ahmed Tinubu alleged fraud and Money laundering Case and His fortiture of Property and Funds in Chicago, IL.
- The petitioners also assert irregularities during the election.
- Furthermore, they raise concerns about the electronic transmission of results.
- In the Federal Capital Territory (FCT), it is argued that the winner should secure 25 percent of the votes.
- Issues such as the dual nomination of Vice President Kashim Shettima
On August 1, 2023, the Court of Appeal in Abuja reserved its judgment regarding these petitions, following the presentation and adoption of written arguments on preliminary objections and final written submissions from both the petitioners and respondents.
Meet the Judges
The five judges who are hearing the 2023 presidential election petition are:
Justice Haruna Simon Tsammani (Chairman)
Justice Tsammani is the most senior judge on the panel. He was born in 1959 and has served on the Court of Appeal since 2008.
Justice Stephen Adah
Justice Adah is the second most senior judge on the panel. He was born in 1957 and has served on the Court of Appeal since 2006.
Justice Monsurat Bolaji-Yusuf
Justice Bolaji-Yusuf is the only female judge on the panel. She was born in 1959 and has served on the Court of Appeal since 2010.
Justice Moses Ugo
Justice Ugo is the youngest judge on the panel. He was born in 1966 and has served on the Court of Appeal since 2014. Justice
Justice Abba Mohammed
Mohammed is the most recent appointment to the panel. He was born in 1964 and has served on the Court of Appeal since 2020.
The judges were appointed to the Election Petition Tribunal by the President of the Court of Appeal. They are all experienced judges with a proven track record of fairness and impartiality. The outcome of the petition will be decided by the majority of the judges.
Rulings
Court rulings on the matters brought by the Labour Party:
As the Court commenced the reading of the judgment regarding Peter Obi from the Labour Party, they began by addressing all the submissions made by Peter Obi to the court. In their ruling on the issues raised by Peter Obi, the court concluded that the petitioner failed to provide any evidence to substantiate his claims that he had garnered the majority of valid votes in the February 26 presidential election. The court held that instead of the petitioners specifying the exact polling stations where they alleged to have secured the majority of votes, Peter Obi had only submitted Forms EC8 from some states without specifying the particular polling stations. The court noted that Peter Obi had relied on spreadsheets and expert analysis as evidence.
APC cannot challenge the validity of Peter Obi’s party membership – Court The court continues to address the issues in Peter Obi’s petition.
The court further asserts that the burden of proving non-compliance rests with the petitioner, as it is their duty to demonstrate to the court where they obtained the highest votes that should have been used to declare the Labour Party as the winner. The court also rules that the Labour Party has failed to substantiate the allegation of overvoting. Regarding the matter of party membership, in which the APC claimed that Obi was not a valid member of the Labour Party, the court has ruled that the APC cannot question the legitimacy of Obi’s membership, as only a political party has the authority to determine its members.
Court dismisses 10 out of the 13 witnesses presented by the Labour Party
The court is still in the process of delivering its verdict on the Labour Party’s case.
The court has determined that 10 out of the 13 witnesses brought forward by the Labour Party lack credibility. Furthermore, the court has identified one of these witnesses as a party member with a vested interest and a prior history of contesting elections under the Labour Party. As a result, the court has rejected the testimony of 10 out of the 13 witnesses.
Blurred results: Labour Party’s claim is false, says the Court
The court has also addressed the matter of the over 18,000 blurred results that the Labour Party had asserted were from various polling units. However, the Labour Party presented a witness who brought reports from these same polling units that were clear and legible.
Therefore, the court has concluded that the claim of blurred results by the Labour Party is baseless because they falsely stated that they could not discern anything from those polling units, the court stated.
Court dismisses the issue of FCT’s 25% votes
Regarding the matter of the Federal Capital Territory (FCT) and the requirement of 25% votes, as well as the claim that the FCT has a special status, the court has ruled that the FCT does not enjoy any special status. Therefore, the court has disregarded this issue.
Election tribunal declares Natasha Akpoti the winner of the Kogi Central Senatorial election
The Kogi State Election Petition Tribunal in Lokoja has declared Natasha Akpoti-Uduagan as the victor of the February 25th Kogi Central Senatorial election.
The court has nullified the victory of Senator Abubakar Ohere as the winner of the election and has ordered him to pay Akpoti-Uduaghan N500,000 for the costs incurred during the petition.
Justice K.A. Orjiako, the tribunal’s chairman who read the unanimous judgment of the three-man panel, stated that Ohere had manipulated the results of nine polling units in Ajaokuta Local Government Area (LGA) by inflating them while intentionally reducing Natasha’s results.
After correcting the discrepancies, the court declared Natasha Akpoti-Uduagan of the Peoples Democratic Party (PDP) as the winner of the poll, with 54,074 votes, defeating her closest rival from the APC, Sadiku-Ohere, who received 51,291 votes.
Petitioner fails to prove that any court convicted Bola Tinubu – Court
Regarding the civil forfeiture case in which they alleged that Bola Tinubu forfeited $46,000 due to narcotics (drugs), the court has clarified that civil forfeiture does not necessitate a criminal charge.
On this basis, the petitioners have failed to demonstrate that any court had charged, sentenced, or convicted President Bola Tinubu, who is the second respondent in this case. On this issue, the court has ruled against the petitioners as well. It should be noted that the law requires a latter showing the crime committed with the fingerprint alleged convict including being received from a police or court.
INEC is not obligated to transmit results electronically, says the Court
The Presidential Election Petition Tribunal (PEPT) has made a decision on whether the petitioner has proven the allegation of non-substantial compliance with the provisions of the electoral act due to the non-transmission of results from polling units to the collation system or IReV.
The court referenced a previous judgment from the Federal High Court regarding the transmission of results, where it was ruled that it is not feasible for INEC to transmit results electronically. Based on this ruling, it is incorrect for the petitioner to claim that INEC is obligated to transmit results electronically. The court cited examples of similar rulings to support this stance.
Furthermore, according to the provisions of the electoral act, INEC is not compelled to transmit results electronically, as confirmed by the PEPT. The tribunal upheld the respondents’ position that INEC has the authority to establish its own rules in this regard.
Electronic transmission of results is not stipulated in the Electoral Act
Continuing with the matter of electronic transmission of results, the court has clarified that it is not explicitly outlined in the Electoral Act of 2022.
The court further emphasized that it was introduced by INEC through their regulations governing the conduct of elections. and that The Electronic device is an added device for the election, it is only a process of the election collation, the result should not be taken as the real value and Electronic will only be used when paper fails.
They claim that there was a technology glitch which results in the break in transmission for transmitting the results.
Tribunal dismisses Atiku’s petition alleging that Tinubu is a citizen of Guinea
The presidential election petition court has removed certain portions of Atiku Abubakar and the PDP’s petition. Some of the petition sections that have been struck out include those alleging that Bola Tinubu possesses dual citizenship. The court has also excluded certain segments of the response filed by Atiku Abubakar and the Peoples Democratic Party (PDP).
Furthermore, the court has ruled out the evidence provided by some witnesses, citing their failure to submit written statements along with the petition. The court has also noted that most of the witnesses brought forward by Atiku Abubakar lacked a basis to testify since the issues on which their testimonies were based have already been struck out. These were issues already raised by Peter Obi.
Atiku doesn’t specify the locations where they allege irregularities occurred
The court has pointed out that Atiku Abubakar, the Presidential candidate of the PDP, did not mention the specific places where they alleged ballot box snatching, the methods used for the box snatching, or how they manipulated the BVAS machines.
Additionally, he did not identify the polling units where they claimed result manipulation and irregularities took place. The court also noted that Atiku, who alleged that Tinubu did not secure the majority of lawful votes, did not explicitly state the total number of lawful votes he claimed to have received.
Furthermore, the tribunal highlighted that Atiku made serious allegations against Kogi State Governor Yahaya Bello and the Chairman of Olamaboro Local Government Area of Kogi State, Friday Adejoh, but he failed to include these individuals as respondents in the petition.
The court emphasized that the failure to join the governor, whom he accused of electoral malpractice, severely weakened the petition as it denied the governor the opportunity to defend himself as required by law.
Non-compliance Issue: Court Dismisses Witness Statements
Regarding the issue of non-compliance, the court has ruled that Atiku did not summon any polling unit agents as witnesses, even though they were the ones who signed the result sheets. Instead, they called collation center agents at the state and national levels, whose testimonies were based on second-hand information, essentially hearsay, as they did not personally witness the events.
One of the witnesses had only visited 20 polling units out of over 3,000 polling units. Most of the witnesses were collation agents, and Section 43 of the Electoral Act of 2022 stipulates that political parties should be represented by polling unit agents who can testify if there is any non-compliance or alleged irregularities.
Out of the 27 witnesses presented by Atiku and the PDP, only 10 were polling unit presiding officers. Ultimately, the court has resolved the issue of non-compliance against the petitioner.
Final Verdict on 6th September 2023
The court has dismissed all the petitions brought by the three petitioners: Peter Obi of the Labour Party, Atiku Abubakar of the Peoples Democratic Party, and the Allied Peoples Movement.
The presiding judge, Justice Haruna Tsamani, announced the dismissal of all three petitions due to their lack of merit, stating that the petitioners failed to substantiate their allegations beyond a reasonable doubt.
