Supreme Court Dismisses Obi’s Appeal Against Tinubu
The Supreme Court of the nation has dismissed the appeal brought forth by Peter Obi, the presidential candidate of the Labour Party (LP) in the general election, challenging the victory of President Bola Tinubu. Obi had alleged various issues, including Vice-President Kashim Shettima’s alleged double nomination, which he argued rendered Shettima unqualified to serve as Tinubu’s running mate. However, the Supreme Court ruled that the matter of double nomination had already been addressed in a prior judgment and could not be revisited. The court stated, “This appeal lacks merit and is hereby dismissed.” The appeal by Obi consisted of seven issues, but the head of the seven-member panel of judges, Inyang Okoro, noted that issues 1, 2, 3, 5, 6, and 7 had already been addressed in a previous ruling related to Atiku Abubakar’s appeal. Atiku Abubakar was the presidential candidate of the Peoples Democratic Party (PDP), and his appeal had also been dismissed by the court. As a result, the Supreme Court upheld the decision of the tribunal, affirming the election of President Bola Tinubu.
Obi Beat Tinubu In 2023 Presidential Election, Babachir Lawal Insists
A former Secretary to the Government of the Federation (SGF), Dr David Babachir Lawal said in Abuja on Tuesday that the presidential candidate of the Labour Party, (LP) Peter Gregory Obi won the February 25 presidential election and not Bola Ahmed Tinubu as declared by the Independent National Electoral Commission (INEC). According to Babachir, available factual data as aggregated from several independent sources indicated that Obi got the majority votes while Atiku came second in the election, adding that Bola Tinubu came a distant third in the number of votes scored. In a statement he issued on Tuesday, Babachir Lawal said “I have resisted the temptation to engage in the contemporary political discourse since the May, 2023 election faux pas. “I did this for two reasons; the first being that as an active player in the drama, I needed time to analyse and digest the data that led to the outcome(s) so I could arrive at an informed decision; the second, being that the rainy season had just set in and it was necessary that I focused my attention on my farms which are the mainstay of my livelihood. “The current topical issues for political discourse and inquiry are whether or not Bola Tinubu won the presidential election and/or that he was apriori qualified to participate in the election given his murky bio data as is now being publicly unveiled daily in an avalanche. “My answer to the first inquiry is that regardless of whatever INEC or Appeal Court said or did, Bola did not win the election. “Right from the start of the campaigns, Bola new knew he was not going to win the election in a free and fair contest so he decided to go by all means. “Available factual data as aggregated from several independent sources indicate that Obi got the majority votes while Atiku came second. Bola came a distant third in the number of votes scored. “My answer to the second inquiry is that given the now unfolding deluge of uncomplimentary information about who or what he actually is, ordinarily, sound ethics and morality should have convinced him to voluntarily excuse himself from participation in the election. “But this, notwithstanding, I believe he still has time and opportunity to save himself this public humiliation and embarrassment to his person, both locally and internationally by resigning so that he can give more attention to his health. “After all, no one knows about the truism of these severely embarrassing and humiliating exposures about his person than the man himself. “Leadership is all about integrity; sound pedigree, trustworthiness and the ability to unite and instil hope and confidence in the people one seeks to lead. In these qualities, most Nigerians are in total agreement that Bola has them in very very short supply indeed. “But now, six months down the line, the chicken has come home to roost as Nigerians have come to the realization that we have not got what we deserved politically. “Confusion and despondency are now all over the nation as no one trusts the government to do what it says it will do. No one trusts the leader; and no one trusts appointees who are appointed as rewards for their roles in the election or who had in the past helped him in his life. “Bola the President and his group are now in government and are in full control of Nigeria’s vast resources and opportunities. They are enjoying their offices while Nigerians languish in insecurity, poverty and hopelessness. “During the campaign, Bola mouthed some platitudes about competence; but we are so far yet to see it reflected in his political appointments. It seems more like he is rewarding people who supported him to get the Presidency at all cost. “This band of appointees that Bola is assembling into his government don’t care about Nigeria at all. “Fuel prices will continue to gallop upwards until only they can afford it; the Naira will continue to race downhill in a free-fall until only they can afford anything in the market; insecurity will continue its escalation until every community in the nation is consumed by it”, he said.
Atiku Approaches Supreme Court, Seeks Nullification Of Tribunal Verdict
Alhaji Abubakar Atiku, the presidential candidate of the People’s Democratic Party (PDP), has escalated his legal battle by approaching the Supreme Court to challenge the judgment of the Presidential Election Petition Court. The move comes after the petition court, on September 6, upheld the victory of Bola Ahmed Tinubu, the presidential candidate of the All Progressive Congress (APC), in the 2023 presidential election. Atiku’s Notice of Appeal, consisting of 35 grounds, asserts that the tribunal’s judgment, delivered by Justice Haruna Simon Tsammani, was marred by serious errors and a miscarriage of justice. These errors and mis-judgments, according to Atiku’s lead counsel, Chief Chris Uche, SAN, warrant the Supreme Court’s intervention to rectify the situation. The Notice of Appeal seeks to have the Supreme Court set aside the entire findings and conclusions of the tribunal, as Atiku believes they do not accurately represent the substance of his petition. One of the key arguments put forth by the former Vice President is that the Tribunal erred in law by failing to nullify the presidential election conducted on February 25, 2023. This non-compliance with the Electoral Act, 2022, is alleged to be rooted in INEC’s conduct of the election, which, according to evidence presented to the tribunal, was characterized by grave and gross misrepresentation. This misrepresentation is deemed contrary to the principles outlined in the Electoral Act 2022 and runs counter to the “doctrine of legitimate expectation.” Atiku’s appeal to the Supreme Court signals his determination to exhaust all legal avenues available to challenge the tribunal’s judgment and contest the declaration of Tinubu as President by the Independent National Electoral Commission (INEC).
BREAKING: Court strikes out APM’s double nomination suit against Shettima, Tinubu
The Presidential Election Petitions Tribunal sitting in Abuja has struck out the suit filed by the Allied Peoples Movement (APM) accusing Vice-President Kashim Shettima of the All Progressives Congress (APC) of double nomination in the 2023 general elections. The Chairman of the panel, Justice Haruna Tsammani, who read the lead judgement, held that an invalid nomination or double nomination did not qualify as a ground for disqualification in respect of the presidential election as provided in sections 131 and 137 of the constitution. He also held that Mr Ibrahim Masari, who was nominated as a placeholder by the APC (for the position of the Vice President), was not a necessary party to the petition because he was neither a candidate nor did he win the election. He also held that the question as to the qualification or not of any candidate for any election is a pre-election matter which is outside the jurisdiction of the PEPC. In addition, he ruled that the matter of qualifications of candidates to contest an election is entirely an internal party matter which non-members have no locus standi to challenge.
INEC closes defence in Atiku’s petition with one witness
The Independent National Electoral Commission (INEC) called one witness that testified in the petition filed by the candidate of the Peoples’ Democratic Party (PDP), Alhaji Atiku Abubakar, challenging the outcome of the 2023 presidential election. At the resumed proceeding on Monday, INEC tendered four documentary exhibits in evidence, which include a letter dated July 6, 2022, which the Vice President, Kashim Shettima, wrote to notify it of his decision to withdraw as the candidate of the All Progressives Congress, APC, for the Borno Central Senatorial election. Led in evidence by INEC’s lead counsel, Mr. Abubakar Mahmoud, SAN, the witness, Mr. Lawrence Bayode, who is a Deputy Director of ICT at the Commission, tendered the letter and its accompanying certification, which was admitted in evidence and marked as Exhibits RA-1 and RA-2. Under cross-examination by counsel to Bola Ahmed Tinubu, Chief Olanipekun, SAN, the witness, insisted that the presidential election held on February 25, was “free, fair, credible and conducted in substantial compliance with the Electoral Act.” The witness also told counsel to APC, Prince Lateef Fagbemi, SAN, the witness said that the technical glitch that was experienced on Election Day did not affect the actual scores of all the presidential candidates, which he said remained intact. He further told the court that the results of the presidential election were not electronically collated, saying it was done manually. “INEC does not have an electronic collation system,” he insisted, adding that INEC had few days to the presidential poll, and announced that electronic transmission of results of the election would not be feasible. However, while being cross-examined by counsel to the Petitioners, Chief Chris Uche, SAN, the witness, told the court that the European Union, EU, Observation Mission was accredited by INEC to monitor the 2023 general elections. On if he was aware that the EU has released its final report on the election, the witness, said: “Yes I am aware, but I have not seen it.” When he was shown a certified copy of the EU’s report and asked to read from a portion of it, the Respondents raised objections. Though they opposed the admissibility of the report as part of the proof of evidence in the case, Justice Haruna Tsammani-led’s five-member panel of the court admitted it in evidence as Exhibit RA-6. The witness, read a paragraph in the report where the EU stated that 2023 was not “a transparent and inclusive election” as promised by the INEC. He also read a portion of the report that stated that “only 31% of results uploaded in I-REV was formally or mathematically correct.” However, he maintained that technological innovations that INEC introduced into the electoral process were to guarantee transparency and integrity of the results. Also, the lead counsel to Tinubu, informed the Presidential Election Petition Court, PEPC, its readiness to open his defence to petitions seeking to nullify his client’s election, on Tuesday. Tribunal admits EU final report, faulting Tinubu’s election. The Presidential Election Petition Court (PEPC) Monday, admitted as exhibit, the final report of the European Union Election Observer Mission, which faulted the conduct and outcome of the 2023 presidential election that produced President Bola Ahmed Tinubu and others. The report tendered by the former Vice President and Presidential candidate of the Peoples’ Democratic Party (PDP) in the February 25 presidential election, Atiku Abubakar was admitted as exhibit in spite of vehement objections by President Bola Tinubu, All Progressive Congress (APC) and the Independent National Electoral Commission (INEC). In the report, the EU election observer mission claimed that the presidential election did not show credibility, fairness, and transparency in the ways and manners it was conducted by INEC. The report tendered through INEC’s sole witness and Director of Information Technology (IT), Dr. Lawrence Bayode said only 31 percent of the presidential election result was uploaded into INEC’s result viewing portal. Before the admission of the report, Atiku through his lead counsel, Chief Chris Uche SAN had applied that cross-examination of the INEC’S witness must be kick-started by Tinubu and the All Progressives Congress APC in view of their common interests against Atiku’s petition. The application was however bluntly opposed by Tinubu and APC through their lead counsel, Wole Olanipekun SAN, and Prince Lateef Olasunkanmi Fagbemi SAN respectfully. However, the Justice Haruna Tsammani-led panel admitted it as evidence.
INEC deleted results on 110 BVAS, Atiku’s witness tells Tribunal
A prosecution witness 26 (PW26) of the Peoples Democratic Party (PDP) and its presidential candidate, Alhaji Abubakar Atiku, Mr Hitler Nwala has told the Presidential Election Petition Court, (PEPC) that results on all the 110 BVAS machines he inspected were deleted. Testifying before the court, Nwala said that the machines inspected were only those from the Federal Capital Territory (FCT). Led in evidence-in-chief by the lead counsel to Atiku, Chief Chris Uche SAN, the subpoenaed witness said that he was a Digital Forensic Analyst and that he didn’t know at what point the results were deleted it from the machines. Under cross examination by counsel to the Independent National Electoral Commission (INEC), Mr Abubakar Mahmoud, SAN, the witness said that he attached a standard device used for such an exercise to the machine to arrive at the conclusion. When asked if he had the authority of the commission to attach an external device to the BVAS machine, the witness answered in the affirmative. Mahmoud further asked the witness if he was aware that inspecting only 110 machines out of 3,163 that were deployed in the FCT amounted to only 3.4 per cent of the total number of BVAS deployed in the FCT and 0.06 per cent of BVAS deployed nationwide. In his defense, the expert witness said he only compiled the report and didn’t take out time to calculate the percentages. The INEC counsel attempted to give a BVAS machine to the witness to check if it was deleted as he had said in his report. The witness, however, said that it would be against the ethics of his profession to collect the BVAS machine in open court to check it. “It is professionally wrong to access a device that will be used as evidence in a court of competent jurisdiction because it will temper with the evidence. “We cannot access the device directly, what we do is to extract the evidence and take it for analysis.” Moreover, the witness told the court that since all the devices had the same model and look the same on the outside, he couldn’t tell if it was one of the ones he inspected my merely looking at it. On his part, counsel to the All Progressives Congress, (APC) Mr Lateef Fagbemi, SAN told the witness that neither he nor any of his team member signed the six volume forensic report. The witness, however, insisted that he signed the report as well as the certificate of compliance. On his part, counsel to President Bola Tinubu, Mr Wole Olanipekin, SAN confronted the witness with a portion of his report where he said that from his inspection of the machines, “nothing was intrinsically wrong with them”. “Were you in Abuja on the day of the presidential election? “If you were not in Abuja, how then can you know that there was nothing intrinsically wrong with the machines on the day of election?” The witness said that he was not in Abuja and so he couldn’t have known if something went wrong with the machines on the day of election. After the witness was discharged, the petitioners went further to tender Forms EC8A series from 20 local government areas of Ogun, 17 local government areas of Ondo, 27 local government areas of Jigawa and 20 local government areas of Rivers. The Chairman of the Court, Justice Haruna Tsammani adjourned hearing in the petition until Friday. Recall that going by the pre-hearing report, Atiku and the PDP are expected to close their case on Thursday, 22nd June (today), however a grace of one day was given. With the new development, the Prosecution will be closing their case on Friday, the 23rd, June.