Tinubu Defeats Obi, Atiku At Presidential Election Petitions Tribunal

The presidential election tribunal has ruled that ruled that Nigeria’s main opposition parties failed to prove their claims of electoral malpractices, thereby upholding the victory of President Bola Ahmed Tinubu of the governing All Progressives Congress (APC) in the 2023 presidential election.

Here is a summary of how the process went;

The Presidential Election Petition Court (PEPT) struck out the petition filed by the Allied Peoples Movement (APM) challenging the nomination of Kashim Shettima as the running mate of President Bola Tinubu.

The court held that the petition was a pre-election matter. The court also held that the petition was statute-barred, meaning that it was filed beyond the time limit allowed by law.

The APM had argued that Shettima was ineligible to be a running mate because he had been nominated as a senatorial candidate by the All Progressives Congress (APC) in the 2023 elections.

PEPC Judgement: Obi, LP petition against Tinubu’s election unmeritorious
Thre PEPC also held that the petition filed by Peter Obi and the Labour Party (LP) against the election of Bola Ahmed Tinubu at the February 25 presidential election was un-meritorious.

Delivering judgement in the petition marked CA/PEPC/03/2023, the presiding Justice of the five-member panel of Justices of the court, Justice Haruna Tsammani, said the petitioners failed to prove their allegations in their petition as required by law.

The court also held that the petitioners’ submission that a candidate must score 25 per cent of votes cast in the Federal Capital Territory, Abuja, to be validly declared as the winner of a presidential election was, “Completely falacious”. The court said the FCT is not more than any state of the Federation as it has the same status as every other state.

On the issue of noncompliance with the Electoral Act in the conduct of the presidential election, the court held that the Independent National Electoral Commission (INEC) is at liberty to decide on the manner in which election results can be transmitted. The presiding Justice further held that the electoral body cannot be compelled to transmit election results electronically, as held in a judgement by a Federal High Court sitting in Abuja, which has not been appealed against.

The court also held that, out of the 13 witnesses called by the petitioners, only three had their statement on oath filed along with the joint petition of the LP and its presidential candidate as required by the Electoral Act. He said the petitioners did not plead any evidence to substantiate the allegation of non-compliance to Electoral law during the February 25 presidential election and added, “They failed to prove beyond reasonable doubt, the allegation of corrupt practices alleged in their petition”.

Tribunal dismisses PDP’s allegations of forgery, conviction against Tinubu
The Presidential Election Petitions Tribunal also dismissed the allegations of forgery and conviction levelled against President Bola Tinubu by the Peoples Democratic Party and its 2023 presidential candidate, Atiku Abubakar.

The court, while ruling on motion by the respondents held that though the petitioners claimed that Tinubu did not meet the constitutional requirement to have vied in the election, they did not spell out what the requirement was.

A member of the five-man panel, Moses Ugo, also struck out some paragraphs in which the petitioners accused Kogi State Governor and one Friday Adejo, said to be a Local Government Chairman in Kogi State of electoral irregularities but failed to join them as parties in the petition.

Presidential tribunal decides on drug-dealing allegations against Tinubu
PEPT also has declared that President Bola Tinubu can not be disqualified from the presidential election due to his alleged forfeiture of drug money in the United States.

The court held that Tinubu had earlier been cleared by the Nigeria Police Force of any criminal issues in the US, which came through an inquiry the police had made to US law enforcement. It further disclosed the president has been able to enter and exit the US, and that suggests he has no criminal case.

Tsammani said the judgment of the US District in Northern Illinois which ordered the forfeiture of Tinubu’s $460,000 in a drugs-related case was in civil proceedings in which Tinubu was not a party.

INEC can’t be forced to send election results by electronic transmission – Tribunal
The PEPT also said that the Independent Nationa Electoral Commission (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.

Presidential tribunal upholds Tinubu’s victory
The presidential election tribunal finally upheld the victory of President Bola Ahmed Tinubu. The tribunal ruled that Nigeria’s main opposition parties failed to prove claims of electoral malpractice against the governing All Progressives Congress (APC) in the 2023 presidential election.

Judges rejected all claims made by Obi and Atiku, including fraud, charges electoral authorities broke the law and allegations that Tinubu was ineligible to run. “This petition is hereby declared unmeritorious,” one of the judges said.

No legal challenge to the outcome of a presidential election has succeeded in Nigeria since democracy returned in 1999. Atiku and Obi can appeal to the Supreme Court to dismiss the tribunal’s ruling. Any appeal must be concluded within 60 days of the date of the tribunal judgement.