7 States Back-down, Halt Suit To Nullify Tinubu’s Victory

BY EDMOND ODOK – Seven Peoples Democratic Party (PDP)-controlled States that approached the Supreme Court to nullify the electoral victory of the President-elect, Asiwaju Bola Ahmed Tinubu of the All Progressives Congress (APC) at the February 25 presidential poll, have discontinued their suit.

Through their team of lawyers led by Chief Mike Ozekhome (SAN), the aggrieved states, Adamawa, Akwa Ibom, Bayelsa, Delta, Edo, Taraba and Sokoto, on Friday filed a notice of discontinuance of the case, which had their Attorneys-General as plaintiffs and the Attorney-General of the Federation as the defendant.

In dragging the Federal Government before the apex Court, the plaintiffs had requested its intervention in the just concluded presidential election, insisting that the Independent National Electoral Commission (INEC)’s declaration of Tinubu failed to comply with the provisions of the Electoral Act 2022 and the Commission’s guidelines.

In the suit marked: SC/CV/354/2023, the plaintiffs had sought to challenge INEC’s failure to upload the election results to the IReV through the BVAS, noting that the Electoral umpire acted in breach of the Electoral Act, 2022 by not properly transmitting and collating election results from the 36 states of the federation and the Federal Capital Territory (FCT) as prescribed by law.

However, the Notice of Discontinuance, signed by their lawyer, Chief Ozekhome, on Friday, stated thus; “Take notice that the plaintiffs doth hereby wholly discontinue this suit against the defendant herein…”

Further alleging that INEC pulled down its portal harbouring the Regulations and Guidelines it earlier set for the elections, the plaintiffs said the suit, filed on February 28, was 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, INEC Regulations and Guidelines.”

Consequently, they applied for an order of the apex court, mandating “a holistic review of all results so far announced by the Federal Government of Nigeria through the 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”.

“A declaration that the Federal Government of Nigeria, the INEC, was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading a 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.

“A declaration that the failure of the Federal Government of Nigeria, the INEC, to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading a 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.

“A declaration that 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 was 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.

“A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of the Independent National Electoral Commission at the National Collation Centre, Abuja, in the 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 invalid, null and void, and of no effect whatsoever”.

Also, they had sought an order, “directing a wholistic 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”.

However, before the latest twist of filing the notice of discontinuance of the suit on Friday, the plaintiffs had applied for an accelerated hearing of the case by the apex Court.

Competent insiders hinted that the withdrawal was based on the advice of the legal team which felt the case has become statute-barred “since the election has already been concluded and that the suit was filed while collation was still ongoing”.

With the advisory and the fact that in rejecting the polls’ results, the PDP and Labour Party (LP) said they were approaching the Court to challenge the ‘seriously flawed’ outcome as announced by INEC Chairman, Professor Mahmoud Yakubu, the insider said the elections tribunal has ultimately become the appropriate place to go

While declaring the ruling All Progressives Congress (APC)’s candidate, Bola Ahmed Tinubu as the winner of the presidential election, INEC said he defeated 17 other candidates by scoring a total of 8,794,726 votes.

According to the Commission, Atiku Abubakar of the PDP, who amassed a total of 6,984,520 votes, placed second and Labour Party’s Peter Obi came third with a total of 6,101,533 votes.