“The highly anticipated ruling by the five distinguished judges of the Presidential Election Petition Court (PEPC) upheld President Bola Tinubu’s victory and that of the All Progressives Congress (APC) on Wednesday.
This victory for the APC and its candidate, Tinubu, came at the expense of Atiku Abubakar from the Peoples Democratic Party (PDP) and Peter Obi from the Labour Party, who secured second and third places in the February 25 presidential election.
The reasons behind the striking out of Peter Obi’s petition are as follows:
– The PEPC ruled that 10 witnesses’ statements from the Labour Party were inadmissible due to concerns about bias, leaving only 3 valid statements. Blurred polling unit results were not specified and were consequently removed from the evidence record.
– The PEPC determined that the forfeiture of $460,000 linked to Bola Ahmed Tinubu was a civil matter, not a criminal one, emphasizing that this was a civil forfeiture without a criminal conviction. Moreover, the court noted that the Labour Party failed to provide evidence of Tinubu’s arraignment, trial, fines, or sentencing for any criminal offense.
– The court also ruled against forcing INEC to electronically transmit election results to its results viewing portal, IREV, rejecting claims of substantial non-compliance with electoral act provisions made by Peter Obi and the Labour Party.
– Obi’s and the Labour Party’s claims of widespread irregularities, voter suppression, and corrupt practices were deemed unconvincing by the court, lacking sufficient evidence to support their allegations, which were essentially accusations without the substance to invalidate the entire election outcome.
– The court also affirmed that President Tinubu met the academic qualification requirements to run for president, and disqualification based on academic qualifications was deemed insufficient.
– Additionally, the court emphasized that residents in Abuja were not to be considered special, and the 25 percent result in the Federal Capital Territory (FCT) was not a sufficient basis to declare a winner and president.
– Ultimately, the court found that Peter Obi failed to provide substantial evidence to prove that he had actually won the election.”
“The court also ruled on the double nomination case against Shettima, stating that ‘the double nomination case against Shettima is invalid.’
Now that the election tribunal has ruled in favor of the defendant (Tinubu and the APC), what options do the plaintiffs or those challenging the judgment have to pursue for redress?
We spoke with Barrister Rose Okojie, a constitutional lawyer in Lagos State, who provided insights into the proceedings at the Presidential Election Tribunal and the available options for the losing or opposing parties. Referring to Section 241 of the Nigerian Constitution, Barrister Okojie explained that parties dissatisfied with the tribunal’s decision should appeal to the Supreme Court, the highest court in this case. She said, ‘If the judgment at the tribunal doesn’t favor them, the aggrieved parties should file an appeal with the Supreme Court, either based on court errors or disagreements with specific parts of the judgment.’
Femi Falana, SAN, emphasized during a recent Channels TV interview that ‘any party that loses on Wednesday still has the opportunity to appeal to the Supreme Court,’ highlighting the importance of following due legal process.
When can Obi and Atiku file their appeal against the PEPC ruling in the Supreme Court, and what is the timeline for the highest court to rule on their appeal?
According to the amended electoral act, Okojie stated that the aggrieved parties are required to file their appeal within 14 days of the tribunal’s ruling. She cautioned that failing to meet this deadline would result in their cases being dismissed on a technicality. Additionally, the Supreme Court is expected to announce its ruling within 60 days of receiving the petitioner’s appeal.
Historically, has the Supreme Court ever ruled against the incumbent winner and president since 1999?
In the elections of 1999, 2004, 2007, and 2011, various candidates contested the presidential election results and lost at the Supreme Court. However, the Supreme Court has never overturned the outcome of a presidential election in Nigeria according to historical records.”
