TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Presidential Poll: Obi, Atiku to know fate as tribunal delivers verdict tomorrow

The Editor by The Editor
September 5 2023
in Headlines, Latest News
A A
0
Presidential poll: Legal battle begins Monday as tribunal hears petitions
22
SHARES
734
VIEWS
Share on FacebookShare on Twitter

The Presidential Election Petition Court (PEPC) tribunal sitting in Abuja, will on Wednesday, deliver judgment on petitions seeking to nullify President Bola Tinubu’s election.

The two petitions, marked CA/PEPC/05/2023 and CA/PEPC/03/2023, were brought before the court by a former Vice President and candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar, as well as the candidate of the Labour Party, LP, Mr. Peter Obi, respectively.

The Justice Haruna Tsammani-led five-member panel of the court had on August 1, okayed the cases for judgment, after all the parties adopted their final briefs of argument.

While adopting their final written address, Atiku and the PDP, through their team of lawyers led by Chief Chris Uche, SAN, urged the court to declare that President Tinubu was not qualified to contest the presidential poll that was held on February 25.

They prayed the presidential election tribunal to nullify the entire outcome of the presidential election and order a re-run or fresh contest.

Atiku and his party alleged that the Independent National Electoral Commission, INEC, despite receiving over N355 billion for the conduct of the election, deliberately bypassed all the technological innovations it introduced for the purpose of the 2023 general elections.

They contended before the presidential tribunal that INEC acted in breach of the amended Electoral Act, when it refused to electronically transmit the results of the presidential election.

“On the issue of transmission of election results based on new provisions in the Electoral Act, we are all in agreement, including the INEC, that there is a new regime in election management.

“The essence of the innovation was to enhance transparency in the collation of results, which was an area that we usually had problems and not the actual election, and secondly, to enhance the integrity of result declared.

“We agree that INEC had an option and we brought video evidence by the INEC Chairman showing that the electoral body indeed chose an option.

“It is our contention and it is here in evidence that witnesses admitted that results from the National Assembly election were transmitted but that of the presidential election was not.

“A whopping N355bn was deployed for the election, therefore, INEC owes this court and the nation an explanation.

“It is our submission that there was no technical glitch on the election day, rather, there was a deliberate bypass of the technology in order to create room for the manipulation that eventually took place.

“Until the court makes a judicial pronouncement, there may not be compliance to express provisions of the new regime of the Electoral Act.

“My lords, in a situation like this, the burden shifts on INEC to explain. It is not on the Petitioner to explain why there was such a technical glitch.

“We urge this court to hold that there was a deliberate non-compliance. The substantiality of the non-compliance lies in the national spread of the non-transmission of results. It was national and not limited to certain polling units,” Uche, SAN, added.

He further before the Presidential tribunal argued that the forfeiture proceeding that involved Tinubu in the USA, was still subsisting.

“It is our position that time does not run against crime. Even if there is forgiveness in the Constitution, there will always be consequences for sin.

“We urge my lords to adopt the modern trend by leaning towards substantial justice and not technical justice.

“Let this case be the precedent. Let justice be done, the heaven will not fall. We rest our case,” Uche, SAN, submitted.

Likewise, while adopting their own final brief of argument, Obi and the LP, through their lawyer, Mr. Livy Uzoukwu, SAN, argued that there was no glitch during the election but an intentional act to sabotage the outcome of the poll.

Uzoukwu, SAN, while calling for the removal of President Tinubu, insisted that “an election where over 18, 088 blurred results were uploaded to INEC’s IReV portal, is certainly a flawed election.”

He told the court that some of the documents that INEC certified for his clients, included blank copies of A4 papers and pictures.

“That explains their inability to produce original copies of results that they certified,” he added.

Continuing, Obi’s lead counsel, said: “It is not in doubt that the 2nd Respondent, Tinubu, forfeited the sum of $460, 000 in the United States of America, being the proceed of narcotic trafficking and money laundering.

“Our case is hinged on Section 137 (1) (d) of the Constitution, as amended, which clearly provided for disqualification based on fine for offence of dishonesty.”

Meanwhile, all the Respondents in the two cases- INEC, President Tinubu, Vice President Kashim Shettima and the All Progressives Congress, APC- through their respective lawyers, prayed the court to dismiss the petitions as grossly lacking in merit.

INEC’s legal team, led by Mr. Abubakar Mahmoud, SAN, maintained before the Presidential tribunal that the presidential election was not only validly conducted, but was done in substantial compliance with all the relevant laws.

The electoral body argued that the petitioners misconstrued and totally misunderstood the purpose of the technology it introduced for the 2023 general elections.

It told the court that the Bimodal Voter Accreditation System, BVAS, device was introduced for the authentication and verification of voters and for transmission of results from the polling units to the IReV portal.

INEC’s lawyer said there was evidence to show that the Commission went to great lengths to ensure that the technology functioned as designed.

“The applications used on the BVAS device were developed in-house and tested again and again, both for performance and reliability.

“The intention of the 1st Respondent to conduct a world-class election is clear from the evidence that was placed before this court,” he insisted

He argued that no evidence was presented to establish the allegation that INEC made use of an electronic collation system in any election that was conducted in the country, adding that such a system did not exist.

Mahmoud, SAN, told the court that INEC made use of “manual collation system,” admitting however that the Commission experienced a technical glitch that lasted over four hours on the day the presidential poll was held.

He said it was not true that the glitch was contrived to create an avenue for the results of the election to be manipulated.

“The petitioners have failed to establish that there was human interference that led to the said glitch and they have also been unable to prove how the failure to upload results in real time, affected the outcome of the election.

“The contention of the petitioners on the alleged 18, 088 blurred results goes to no issue because the results uploaded to the IReV did not in any way suggest that the original copies were also blurred.

“They have not tendered original copies of the Form EC8A that was made available to their agents,” Mahmoud submitted,  saying the allegation by Obi and the LP was for “mere dramatization as nothing concrete was adduced to prove that the said blurred results on the IReV portal was the same with the original copies.”

On the issue of Tinubu’s alleged failure to secure 25% votes in the FCT, INEC’s lawyer accused the petitioners of inviting the court to “adopt an interpretation that will result in absurdity.”

INEC told the court that it was illogical for the Petitioners to claim that a candidate must secure 25% votes in the FCT to be declared winner of a presidential election.

It argued that such an argument would run contrary to the spirit and intendment of the drafters of the 1999 Constitution, as amended, adding that FCT ought to be regarded as the 37th state of the federation that is without a special status during elections.

Similarly, President Tinubu and VP Shettima, while adopting their written address, urged the presidential tribunal to dismiss all the petitions.

Addressing the court through their team of lawyers led by Chief Wole Olanipekun, SAN, the duo, said it would not be in the public interest for the court to set aside the decision of the electorates that led to their victory at the poll.

Arguing that the petitioners completely failed to discharge the burden of proof that was required of them by the law, Chief Olanipekun, SAN, further accused both Atiku and Obi of merely dumping documents before the court.

He told the presidential tribunal that his clients won one-third of the votes in the FCT, adding that Obi had no locus to challenge the outcome of the election since his name was not found on the register of the LP.

On the issue of the forfeiture proceeding that led to the imposition of a fine against Tinubu, Olanipekun, SAN, relied on section 137 (1) (e) of the 1999 Constitution, as amended, to argue that his client could not be disqualified since over 20 years had elapsed since the case was decided.

“Even if there was a sentence before, it is no longer to be reckoned with,” adding, “My lords, may we submit that the 2nd Respondent is not under any fine.”

Besides, he argued that should the court order a rerun election, Obi and the LP would be precluded from participating in it, going by the provision of section 134 of the 1999 Constitution, as amended, which he said allowed only the winner of the annulled election and the second runner-up, to participate in such poll.

On his part, counsel to the APC, Prince Lateef Fagbemi, SAN, urged the court to hold that Tinubu scored over 25% in about 29 states, adding that “to do otherwise will amount to constitutional absurdity.”

He argued that Obi was “over-ambitious” in his petition when he requested for a rerun poll, notwithstanding that he would not be legally qualified to participate.

Fagbemi, SAN, stressed that all the issues the petitioners raised against President Tinubu have all been decided by various courts.

“There is hardly any point agitated by the Petitioners that has not received judicial pronouncement and resolution,” he argued.

On the issue of the forfeiture order by the court in the USA,  Fagbemi, SAN, argued that it was not an indictment that was capable of disqualifying Tinubu from contesting the presidential election.

“Assuming without conceding that he was indicted, it happened over 20 years ago and the Nigerian Constitution is a forgiving one that does not breed hatred,” he submitted.

He argued that the Petitioners failed to establish that Tinubu had dual citizenship, adding that the Nigerian Constitution recognized that a citizen by birth could not be disqualified from contesting an election.

The presidential tribunal had also reserved judgment on a third petition that was lodged against President Tinubu by the Allied Peoples Movement, APM.

Specifically, APM, in its petition, contended that the withdrawal of Mr. Masari, who was initially nominated as the Vice-Presidential candidate of the APC, invalidated Tinubu’s candidacy in view of Section 131(c) and 142 of the 1999 Constitution, as amended.

The party argued that there was a gap of about three weeks between the period that Masari, who was listed as the 5th Respondent in the petition, expressed intention to withdraw, the actual withdrawal of his purported nomination, and the time Tinubu purportedly replaced him with Senator Shettima.

It further argued that Tinubu’s candidature had elapsed at the time he nominated Shettima as Masari’s replacement.

According to the petitioner, at the time Tinubu announced Shettima as the Vice Presidential candidate, “he was no longer in a position, constitutionally, to nominate a running mate since he had ceased to be a presidential candidate of the 2nd Respondent having regards to the provisions of section 142 of the 1999 Constitution”.

More so, APM, contended that Masari’s initial nomination activated the joint ticket principle enshrined in the Constitution, stressing that his subsequent withdrawal invalidated the said joint ticket.

It, therefore, prayed the presidential tribunal to declare that Shettima was not qualified to contest as the Vice-Presidential candidate of the APC as of February 25 when the election was conducted by INEC having violated the provisions of Section 35 of the Electoral Act, 2022.

“An order nullifying and voiding all the votes scored by Tinubu in the presidential election in view of his non-qualification as a candidate of the APC,” as well as an order to set aside the Certificate of Return that was issued to the President by INEC. – Vanguard.

 

Share9Tweet6
Previous Post

How Buhari mismanaged Nigeria’s economy in 8 years – Obasanjo, Sanusi

Next Post

111 years after: Two warring Ebonyi communities sign ceasefire agreement, peace pact

Related Posts

Tinubu seeks Omidiran, 28 others’ confirmation as FCC members
Governance

Tinubu appoints Fola Adeola to chair new taskforce on petroleum reform

March 13 2026
30 banks meet CBN recapitalisation rules as deadline nears
Business

CBN bars loan defaulters from accessing banking services, new credit

March 13 2026
Dangote Refinery reduces petrol price, second time in six days
Headlines

Dangote refinery raises petrol price to N1,175/litre as crude spikes

March 13 2026
Trump imposes new 10% global tariff
Headlines

US offers $10m reward for information on Iran’s Supreme Leader Khamenei, others

March 13 2026
Tinubu meets security chiefs, Ribadu over insecurity
Governance

Tinubu meets security chiefs, Ribadu over insecurity

March 13 2026
UK shuts down roads, airspace ahead of Tinubu’s visit
Headlines

UK shuts down roads, airspace ahead of Tinubu’s visit

March 13 2026
Next Post
111 years after: Two warring Ebonyi communities sign ceasefire agreement, peace pact

111 years after: Two warring Ebonyi communities sign ceasefire agreement, peace pact

Kwankwaso shuns Arewa Presidential Dialogue, alleges secret endorsement of northern candidate

BREAKING: NNPP expels Kwankwaso

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Chicago Varsity releases Tinubu’s records to Atiku

Nigeria’s poverty rate jumps to 63% after subsidy removal

by The Editor
March 13 2026
0

...

Cross River Assembly sacks LG vice chair over misconduct

Cross River Assembly sacks LG vice chair over misconduct

by The Editor
February 24 2026
0

...

Ogun State refutes Prince Kuye’s endorsement as Awujale of Ijebuland

Ogun State refutes Prince Kuye’s endorsement as Awujale of Ijebuland

by The Editor
February 22 2026
0

...

Umahi’s son Osborne, picks LG chairmanship form in Ebonyi

Umahi’s son Osborne, picks LG chairmanship form in Ebonyi

by The Editor
January 20 2026
0

...

APPOINTMENTS

Pres. Tinubu nominates Yuguda as CBN Deputy Governor

Pres. Tinubu nominates Yuguda as CBN Deputy Governor

by The Editor
March 13 2026
0

...

WorldStage announces strategic employments with Bamidele Famoofo joining as Editor

WorldStage announces strategic employments with Bamidele Famoofo joining as Editor

by The Editor
March 13 2026
0

...

Rivers State not for political war, says Fubara

Fubara appoints new Chief of Staff, SSG

by The Editor
February 26 2026
0

...

Tinubu accepts Egbetokun’s resignation, names Tunji Disu acting IG

Tinubu accepts Egbetokun’s resignation, names Tunji Disu acting IG

by The Editor
February 24 2026
0

...

ODDITIES

Insults, pressure pushed women into BBL – Nkechi Blessing

Insults, pressure pushed women into BBL – Nkechi Blessing

by The Editor
March 13 2026
0

Nigerian nurse loses licence for sleeping during shift in Australia

Nigerian nurse loses licence for sleeping during shift in Australia

by The Editor
January 24 2026
0

Woman battling cancer seeks second wife for sex-starved husband

Woman battling cancer seeks second wife for sex-starved husband

by The Editor
December 27 2025
0

GLOBAL NEWS

US military refueling aircraft crashes in Iraq

US military refueling aircraft crashes in Iraq

by The Editor
March 13 2026
0

...

Senegal lawmakers back tougher anti-LGBTQ+ law

Senegal lawmakers back tougher anti-LGBTQ+ law

by The Editor
March 13 2026
0

...

Iran’s new supreme leader vows revenge

Iran’s new supreme leader vows revenge

by The Editor
March 13 2026
0

...

Saudi Arabia bans poultry, eggs from Nigeria, others over health concerns

Saudi Arabia bans poultry, eggs from Nigeria, others over health concerns

by The Editor
February 25 2026
0

...

Russian spy agency takes over Wagner operations in Africa

Russian spy agency takes over Wagner operations in Africa

by The Editor
February 21 2026
0

...

State of the States

Lagos launches online system for building permits

Lagos launches online system for building permits

by The Editor
March 13 2026
0

...

Lagos shuts Lekki–Epe Expressway for repairs

Lagos shuts Lekki–Epe Expressway for repairs

by The Editor
February 26 2026
0

...

Gov. Zulum approves N12.9bn aeronautics scholarship for 54 Borno students

Gov. Zulum approves N12.9bn aeronautics scholarship for 54 Borno students

by The Editor
February 21 2026
0

...

Ogun: Royal houses reject candidate for new Olowu

Residents protest as bandits attack Ondo community, abduct couple

by The Editor
February 21 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Tinubu seeks Omidiran, 28 others’ confirmation as FCC members

Tinubu appoints Fola Adeola to chair new taskforce on petroleum reform

March 13 2026
30 banks meet CBN recapitalisation rules as deadline nears

CBN bars loan defaulters from accessing banking services, new credit

March 13 2026
Dangote Refinery reduces petrol price, second time in six days

Dangote refinery raises petrol price to N1,175/litre as crude spikes

March 13 2026
Trump imposes new 10% global tariff

US offers $10m reward for information on Iran’s Supreme Leader Khamenei, others

March 13 2026

EDITORIAL REVIEW

Imo ‘Tiger Base’ atrocities stain democracy – Punch

Imo ‘Tiger Base’ atrocities stain democracy – Punch

by The Editor
March 13 2026
0

Young Nigerians need jobs – Punch

Young Nigerians need jobs – Punch

by The Editor
March 13 2026
0

Accountability and the states – Thisday

Accountability and the states – Thisday

by The Editor
March 13 2026
0

Escaping Nigeria’s looming debt trap – Punch

Escaping Nigeria’s looming debt trap – Punch

by The Editor
February 20 2026
0

Tinubu denies Christian, Muslim genocide in Nigeria

Pay local contractors – Punch

by The Editor
February 4 2026
0

Opinion

Wanted: Drastic police reform under Tunji Disu

Wanted: Drastic police reform under Tunji Disu

by The Editor
March 13 2026
0

...

SEC explains licence grant to two crypto exchanges in Nigeria

New cryptocurrency tax regime in Nigeria

by The Editor
January 20 2026
0

...

Air Peace pledges free evacuation, medicals for trafficked Nigerian girls in Ivory Coast

No, Nigerian airfares are not the cheapest

by The Editor
December 29 2025
0

...

Tax document fraud: Governance and trust deficit

Tax document fraud: Governance and trust deficit

by The Editor
December 22 2025
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.