Segun Atanda/
Petitions against the election of President Bola Tinubu and Vice President Kashim Shettima failed today at the Presidential Election Petition Court in Abuja where Justice Simon Haruna Tsammani read the tribunal’s lengthy judgment all day resolving that the cases brought by the petitioners lacked merit.
The election of Tinubu and Shettima was challenged by the presidential candidate of Labour Party (LP), Mr. Peter Obi, that of Peoples Democratic Party (PDP) – Alhaji Atiku Abubakar and the Allied People’s Movement (APM).
Justice Tsammani held that the Allied People’s Movement lacked locus standi to institute matters bothering on nomination and sponsorship of Vice President Kashim Shettima.
The court also dismissed the allegation by the LP, and its presidential candidate, that the 2023 presidential election was rigged in favour of President Bola Tinubu.
Delivering judgement on three consolidated petitions, Justice Tsammani ruled that “it is unimaginable that a petitioner will allege widespread rigging in 176,000 Polling units, over 8,000 wards, 774 LGAs, 36 States and FCT without stating the specific place where the alleged irregularities occurred”.
On the issue of non-compliance with the Electoral Act & INEC Regulations & Guidelines, Justice Tsammani ruled that the only technological device mandatory for INEC to use for the election was the Bimodal Voters Accreditation System (BVAS), and that there is nothing in the regulation to show that the BVAS must electronically transmit polling unit results.
The tribunal also held that IREV is not a collation system, and the judgement in the case of Oyetola vs. INEC clearly supports this.
“There is no provision for the electronic transmission of election results in the Electoral Act 2022,” says Justice Tsammani. “It is, at best, optional.”
The Judge insisted that the petitioners failed to prove their case, and the witnesses were not well prepared to give evidence after cross examination.
He said the witness statements on oath of the 10 witnesses, who were subpoenaed to testify in the case, were not competent and could not be recognised by the court.
This, the judge said, was because they were not filed along with the petition as of the close of the 21 days within which the petitioners must file their case.
According to the ruling, Labour Party and Peter Obi in their petition could not establish their assertion that INEC must electronically transfer presidential election results; they failed to substaintiate their claim that glitches recorded by INEC resulting in its inability to upload presidential result was delibrately done to manipulate the result .
The court also dismissed the allegation that President Tinubu was convicted in the United States of America, USA, on a drug trafficking related charge.
The court, in its lead judgement in the joint petition that was filed by the Labour Party and its candidate, Mr. Peter Obi, held that evidence before it established that the $460, 000 fine that was imposed on Tinubu in the US, was in a civil matter.
One of the five judges, Abba Mohammed, read the ruling on preliminary objections filed by the respondents against Peter Obi’s petition that:
– Respondents contend that Obi’s petition alleged widespread irregularities without specifying the affected polling units.
– The petition claimed that false election results were submitted without specifying which polling units were impacted.
– The petition alleged overvoting and rigging but did not specify the polling units.
“The petitioners only made generic allegations,” Justice Mohammed said.
He added that the petitioners alleged irregularities, saying they would use spreadsheets, inspection reports, and forensic analysis as evidence in the trial, but the documents promised by the petitioners were not attached to the petition and served on the respondents.
The Judges also ruled that Obi and the Labour Party did not adequately detail their allegations of corrupt practices, vote suppression, fictitious results, and other irregularities in their pleadings.
The Labour Party has, however, rejected the Presidential Election Petition Court Judgment against its presidential candidate, as President Tinubu celebrated the ruling.
Reacting to the ruling President Tinubu assured Nigerians of his renewed and energized focus on delivering his vision of a unified, peaceful and prosperous nation.
According to a statement from his spokesman, Ajuri Ngelale, Tinubu welcomed the judgment of the court with an intense sense of solemn responsibility and preparedness to serve all Nigerians, irrespective of all diverse political persuasions, faiths, and tribal identities.
He stated: “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 Court, 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.
“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 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.”
Labour Party through its National Publicity Secretary of the party, Obiora Ifoh, said that justice was not served.
His words: “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. “Details of the party’s position will be presented after consultation with our lawyers after the Certified True Copy. “We urge all lovers of democracy to remain focused and hopeful because a new Nigeria is possible.”
Read full judgement here later:
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