Atiku, Obi Mull Appeal To Supreme Court As PEPT Affirms Tinubu’s Victory in 2023 Presidential Poll

President Bola Tinubu (left), PDP Presidential Candidate, Atiku Abubakar (middle) and Labour Party's Presidential Candidate, Peter Obi
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Tinubu, APC Seek Rapprochement With LP, PDP Presidential Candidates, Supporters

By Akombo Aondona, Abuja

The Presidential Election Petition Tribunal (PEPT) on Wednesday 6 September, 2023 dismissed as lacking in merits the petitions file by three political parties, namely the Allied Peoples Movement (APM), Labour Party (LP), the Peoples Democratic Party (PDP) against the election of Asiwaju Bola Ahmed Tinubu of the All Progressives Congress (APC) as President in the February 25, 2023 Presidential Election.

However, there are indications that the LP and PDP presidential candidates, Mr. Peter Obi and Alhaji Atiku Abubakar, respectively, may move to the Supreme Court to challenge the PEPT verdict.

This is as President Tinubu and the APC have appealed to his challengers, their parties and their supporters to accept the PEPT verdict and join him in moving Nigeria forward.

In its first ruling, the PEPT, dismissed as incompetent, the APM case seeking to nullify President Tinubu’s election by holding that the issues the APM raised in its petition contained pre-election matters that could only be determined by the Federal High Court.

Justice Haruna Tsammani-led PEPT ruled that Obi and the LP did not by way of credible evidence, establish their allegation that the February 25 election was characterized by manifest corrupt practices.

It held that though the petitioners alleged that the election was marred by irregularities, they, however, failed to give specific details of where the alleged infractions took place.

The court noted that whereas Obi and the LP insisted that the election was rigged in 18, 088 polling units across the federation, they were unable to state the locations of the said polling units.

It further held that Obi’s allegation that fictitious results were recorded for President Tinubu and the APC, by the Independent National Electoral Commission (NEC) was not proved.

More so, it held that the petitioners were unable to state the figures they claimed were reduced from election results they garnered in different states of the federation, especially in Ondo, Oyo, Rivers, Yobe, Borno, Tabara, Osun and Lagos states.

It stressed that though Obi and LP said they would rely on spreadsheets as well as forensic reports and expert analysis of their expert witnesses, they failed to attach the documents to the petition or serve the same on the Respondents as required by the law.

The court held that though the petition contained serious allegations that bordered on violence, non-voting, suppression of votes, fictitious entry of election results and corrupt practices, the petitioners failed to give particulars of specific polling units where the incidents took place.

It held that several portions of the petition that contained the allegations, were “vague, imprecise, nebulous and bereft of particular materials.”

Therefore, the court struck out paragraphs 9, 60, 61, 66, 67, 68, 69, 70, 71, 72, 73, 76, 77, 78, 83 and 89 of the petition.

But the court dismissed the contention of Tinubu and the APC that Obi was not validly nominated by the LP to contest the presidential election. It held that the issue of membership is an internal affair of a political party, which is not justiciable.

The PEPT also dismissed the allegation that President Tinubu was convicted in the United States of America, USA, on a drug trafficking-related charge.

The PEPT also held that scoring 25 per cent of votes in the Federal Capital Territory (FCT) was not compulsory for one to be declared winner because the FCT has no special status over the other 36 states of the federation.

On the issue of INEC failing to transmit the presidential election results electronically real time on its result viewing portal, the tribunal said that the INEC was not mandated to send election results electronically.

However, National Publicity Secretary of the LP, Obiora Ifoh, rejected the PEPT verdict and hinted that the LP would appeal the verdict to the Supreme Court.

Speaking with the media shortly after the judgment Ifoh said:  “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 (yesterday) 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’s 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.

“Details of the party’s position will be presented after consultation with our lawyers after the Certified True Copy of the judgment has been received.”

Also, speaking through his team of lawyers led by Chief Chris Uche (SAN) Atiku said he only got a judgment from the PEPT and not justice.

 He stated: “Judgement has just been delivered but we have not received justice. Luckily, the Constitution has given us the right to go on appeal.

“This is the court of first instance. We still have the right to go on appeal to the Supreme Court and you see, this is a struggle that is not just for our client, but for the Constitution of this country, for the rule of law and democracy.

“We were expecting an outcome that will improve, encourage the use of technology to enhance election management, to enhance transparency, to enhance accountability, so that Nigerians will believe in democracy.

“So that Nigerians can come out in their masses like they did, to vote. We don’t want Nigerians to be discouraged.

“There are certain things and principle of law that he know that we need to explore and we strongly believe that when we get to the Supreme Court, it will have the opportunity to review a number of things that have been said here today.

“We have the instruction of our client to go to the Supreme Court. So, we have asked for the records. We have asked for the judgment. We are going to apply for the transmission of the records because we have a very limited time to push this.”

 However, in his reaction to the PEPT judgment, President Tinubu saluted his challengers at the courts, insisting that their legal battle has deepened Nigeria’s democracy.

Special Adviser to the President (Media), Ajuri Ngelale

President Tinubu’s reaction came via a statement on Wednesday issued by his Special Adviser on Media, Ajuri Ngelale.

The statement reads: “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 recognizes the diligence, undaunted thoroughness, and professionalism of the five-member bench, led by Justice Haruna Tsammani in interpreting the law.

“The President affirms 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, and 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.

“Presidential Candidates and Political Parties that have lawfully exercised their rights by participating in the 2023 general elections and the judicial process, which followed, have affirmed Nigeria’s democratic credentials.

“The President urges 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.

“Once more, 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.

National Publicity Secretary, APC, Barr. Felix Morka

Similarly, the ruling APC has welcomed the PEPT decision in a statement on Wednesday by its National Publicity Secretary Barr Felix Morka.

 Morka wrote: “The All Progressives Congress (APC) welcomes the decision of the Presidential Election Petitions Tribunal (PEPT) declaring President Bola Ahmed Tinubu of the APC as the validly elected President of the Federal Republic of Nigeria in the February 25, 2023 general election. 

“In reaching this decision, the PEPT dismissed the cases brought by the Allied Peoples Movement (APM), Peter Gregory Obi of Labour Party (LP) and Abubakar Atiku of the Peoples Democratic Party (PDP) as lacking merit. 

“This epochal decision is a solid affirmation of the mandate freely handed to President Tinubu of the APC by the Nigerian electorate, and constitutes undiluted victory for our democracy. 

“We commend the PEPT for doing manifest justice in this matter and for upholding the popular will of Nigerians as expressed through their ballots. 

“We congratulate our dear President Tinubu, Vice President Kashim Shettima, Party members, supporters and the Nigerian electorate on this magnificent victory.”


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