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“As the Presidential Election Tribunal delivers its verdict today, STEPHEN ANGBULU explores the intricacies surrounding this judgment, coinciding with President Bola Tinubu’s 100th day in office.

The 100-day milestone is a significant point of evaluation for most Presidents and elected officials. It serves as an opportunity to assess early achievements and challenges as new leaders establish the direction for their nascent administration, leveraging the momentum and public attention following their recent election.

For President Bola Tinubu, however, the 100th day serves as a stark reminder that, despite his inauguration on May 29, 2023, the outcome of his electoral victory remains uncertain as pundits speculate on the final verdict of the presidential election petition tribunal, which convenes today.

In anticipation of the PEPT judgment, the National Chairman of the Labour Party, Julius Abure, expressed confidence in the judiciary’s ability to deliver a just decision. Abure accused the All Progressives Congress of usurping a mandate freely given to his party by Nigerians.

Addressing a group of Nigerians in the United States last week, Abure stated, “We are expecting the judgment between now and September 16, and I am very confident that Peter Obi will become President. Without overstating it, since they assumed power, the situation has worsened. The Labour Party and Peter Obi are the only party and candidate with solutions to the country’s challenges. We still hold hope for change in Nigeria.”

In the Peoples Democratic Party, the outlook is similar. Pedro Obaseki, Director of Strategy and Research of the PDP Presidential Campaign Council, expressed faith that the five justices on the PEPT will have the courage to address the issues, facts, and evidence presented in the opposition parties’ petitions challenging the 2023 presidential election results.

However, on Channels Television’s Politics Today, the President’s Special Adviser on Media and Publicity, Ajuri Ngelale, affirmed that President Bola Tinubu remains “unperturbed” by the outcome of Wednesday’s judgment. Ngelale stated, “He’s not concerned because he knows he won the election. We believe we have presented the strongest case, backed by compelling evidence, and supported by the most skilled legal team in the country.”

Whatever led to the bickering of the past few weeks is traceable to March 1, 2023, when the Independent National Electoral Commission announced Tinubu as the winner of the 2023 presidential election.

The former Lagos State Governor secured 8,794,726 votes to defeat Atiku Abubakar of the PDP, who garnered 6,984,520, and Peter Obi of the Labour Party, who polled 6,101,533 votes.

Unsatisfied with the outcome, five political parties – the PDP, LP, Action Peoples Party, Allied Peoples Movement, and the Action Alliance, filed separate petitions before the tribunal seeking to annul Tinubu’s victory.

But he is not alone.

“At least 25 state governors are currently observing their 100th day in office with bated breath, awaiting verdicts from various tribunals handling petitions related to presidential, governorship, National Assembly, and state assembly elections.

Out of the 28 states where governorship elections took place, the results announced by the Independent National Electoral Commission are under dispute in no fewer than 25 states.

Many of these election tribunals, including those in Lagos, Sokoto, Delta, Kano, and 21 other states, as well as the Federal Capital Territory (FCT), have reserved their judgments following the conclusion of hearings and the adoption of written judgments in line with the Practice Direction for election petitions issued by the President of the Court of Appeal, Justice Monica Dongban-Mensen.

In November 2022, well ahead of the 2023 polls, Nigeria’s Chief Justice, Justice Olukayode Ariwoola, inaugurated 307 justices to handle election petitions. On May 25, 2023, an additional 39 justices were sworn in, bringing the total to 346 justices expected to deliver judgments before September 16. Section 285 (6) of the 1999 constitution stipulates that “an election tribunal must issue a written judgment within 180 days from the date of filing the petition.”

In the same month, the Presidential Election Petition Court commenced hearings for the petitions filed by the five candidates in the February presidential election, all of whom are urging the five-person panel to deliver justice today.

For Peter Obi of the Labour Party, the demands encompass five key points, including eligibility and the assertion that APC’s Tinubu did not secure 25 percent of the votes in the FCT. Obi also seeks to annul the February presidential election and compel INEC to conduct a fresh one, along with an order preventing Tinubu and his running mate, Shettima, from participating.

Similar demands are made by the PDP’s Abubakar. During a court session in July, he emphasized that the fact that no court in Nigeria had nullified a presidential election before should not deter the court from “doing the right thing.”

Lead counsel for Atiku and PDP, Chris Uche, SAN, argued that the court should prioritize justice over any potential consequences, invoking the principle that “the court must do justice, even if the heavens fall.”

However, Mr. Tinubu’s legal team, led by Wole Olanipekun, contended that any interpretation differing from their presentation would lead to chaos, absurdity, and a departure from legislative intent.

After hearing all sides, the individuals tasked with deciding Tinubu’s fate today are as follows:

1. Haruna Tsammani, 64, who became a Justice of the Appeal Court in 2010 and previously served as a high court judge in Bauchi State.
2. Justice Stephen Adah, 66, from Kogi State, currently heading the Asaba Division of the Court of Appeal, known for a significant judgment against the EFCC.
3. Justice Misitura Bolaji-Yusuf, born on August 77, 1959, hailing from Oyo State, and educated at Obafemi Awolowo University and the Nigerian Law School.”

Bolaji-Yusuf assumed the role of a justice in the Oyo State High Court on January 300, 1997, where she issued significant judgments. Her elevation to the Court of Appeal occurred on March 244, 2014.

One of her noteworthy judgments was rendered during a hearing involving a substantial N5.6 billion pension scandal within the Oyo State civil service, which pitted the EFCC against 12 other individuals.

She also served on the panel that validated the eligibility of candidates from the Godwin Obaseki-led faction to participate in the 2023 elections in Edo State. Within the Court of Appeal’s senior hierarchy, she holds the 31st position.

Justice Ugo, a native of Bayelsa, originates from the Kolokuma/Opokuma Local Government Area of the state. Born in 1965, he embarked on his educational journey at the State School, Igbedi in Bayelsa State, spanning from 1972 to 1978.

In March 2006, Justice Ugo was appointed as a Justice of the High Court of Bayelsa State. His promotion to an appellate court justice occurred in March 2014, and he currently occupies the 44th spot in the seniority list of the Court of Appeal.

Justice Bello, aged 62, hails from Kano State and completed his legal education at the Nigerian Law School in 1985. In 2010, he assumed the role of a judge in the High Court of the Federal Capital Territory.

Bello presided over the Nasarawa State Governorship Election Tribunal in 2019, where the PDP governorship candidate, David Ombugadu, had lodged a complaint against INEC and Governor Abdullahi Sule of the All Progressive Congress. In this case, Bello rejected the petition, citing its lack of merit and the inability to substantiate claims of excessive voting and electoral violence. He currently occupies the 71st position in the seniority list of the Court of Appeal.