2023 Presidential Election: Tribunal Rules In Favour Of APC, President Tinubu, Obi…Major Takeaways…. Awkward And Funny Moments
Matters that have to do with the presidential election held on February 25, 2023, once again, came to the fore on Wednesday with the Presidential Election Petition Tribunal delivering rulings on the petitions filed by the PDP and its presidential candidate, Alhaji Atiku Abubakar, LP and its presidential candidate, Mr. Peter Obi, and the Allied People’s Movement (APM), and its presidential candidate, Ojei Princess Chichi .
The APM in its petition marked: CA/PEPC/04/2023 had argued that the APC presidential ticket was invalid because Alhaji Kashim Shettima was nominated by the party as Borno Central senate candidate and vice-presidential candidate, this would therefore imply ‘double nomination’ and should invalidate the ruling party’s presidential ticket.
The PDP and Atiku in their petition marked: CA/PEPC/05/2023 had also questioned Tinubu’s election victory on four grounds which include non-compliance with the provisions of the Electoral Act, 2022.
The former Vice President had also suggested that the entire election process should be nullified to allow a fresh one.
Mr. Peter Obi and his party, in their petition marked, CA/PEPC/03/2023 equally argued that the February 25 presidential election was invalid by reason of corrupt practices and non-compliance with the provision of Electoral Act,2022..
The petitioners prayed the tribunal to make, ‘an order cancelling the election and compelling the 1st respondent (INEC) to conduct a fresh election in which the 2nd Respondent (Tinubu), 3rd respondent (Shettima) and 4th respondent (APC) shall not participate’.
The tribunal has however rejected their line of arguments, the APC was not also spared as its petition questioning Mr. Peter Obi’s membership of Labour Party (LP), and nomination as presidential candidate was also declared incompetent.
The Presidential Election Petition Tribunal that had its inaugural sitting in March this year after hearing arguments wth regard to the said petitions, delivered judgments in favour of the ruling APC, President Bola Tinubu and Mr. Peter Obi.
The former Anambra state governor’s membership of the Labour Party (LP), and his nomination as presidential candidate was affirmed.
The tribunal which issued its rulings on Wednesday delivered a massive win to the APC and President Bola Tinubu.
It was an eagerly awaited ruling and there was a live broadcast of the proceedings.
Movie stars including Yul Edochie, Zack Orji, and Benedict Johnson were among those who were in the courtroom.
Atiku and the PDP had in an application dated May 5, specifically prayed the tribunal for ‘an order Directing the Court’s Registry and the parties on modalities for admission of Media Practitioners and their Equipment into the courtroom’.
The Tribunal has Justice Haruna Tsammani as chairman with Justice Stephen Adah, Justice Monsurat Bolaji-Yusuf, Justice Moses Ugo and Justice Abba Mohammed as members.
It will be recalled that Chairman of the Independent National Electoral Commission (INEC) , Professor Mahmood Yakubu had declared Asiwaju Bola Tinubu , who was the APC presidential candidate, winner of the 2023 Presidential Election in February.
Tinubu had 8,794,726 votes , Atiku Abubakar, who was the PDP presidential candidate, got 6,984,520 votes, Peter Obi had 6,101,533 votes while the presidential candidate of the New Nigerian Peoples Party (NNPP), Rabiu Kwankwaso got 1,496,687 votes.
PDP, LP, APM and AA had rejected the election outcome and had asked the Presidential Election Petition Tribunal to annul Tinubu’s victory.
The Action Alliance (AA) however withdrew its petition o May 8 , 2023.
In the ruling read by Chairman of the panel, Justice Haruna Tsammani in respect of allegations of ‘double nomination’ levelled against Alhaji Kashim Shettima, the tribunal upheld preliminary objections that all the respondents had raised to pick holes in APM’s petition.
Justice Haruna noted that since the petition centered on the qualification or otherwise of President Tinubu to contest the presidential election held on February 25, the APM, ought to have gone to court within 14 days after Tinubu was nominated by the All Progressives Congress, APC.
He added that since the cause of action bordered on a pre-election matter, the APM, lacked the locus standi to challenge Tinubu’s nomination.
Sections 65, 66, 106, 107, 131, 137, 185 and 187 of the 1999 Constitution, as amended, he noted, settled the issue of qualification and nomination of a candidate for an election.
It was also established by the tribunal that Alhaji Kashim Shettima had no intention to simultaneously stand as candidate for Borno Central senate election and as President Tinubu’s running mate having sent a letter to his party withdrawing his nomination as Borno Central APC senate candidate before taking up that of Vice-presidential candidate.
While faulting APM’s claim of invalid nomination, the panel chairman also added that choosing a running mate is at a presidential candidate’s discretion and not a product of ‘primary election’.
The tribunal in a ruling delivered by Justice Abba Mohammed, also struck out Mr. Peter Obi’s petition alleging that the February 25 presidential election was invalid by reason of corrupt practices and non-compliance with the provision of Electoral Act,2022..
The LP and Mr Peter Obi not only according to him failed to provide ‘supporting details’ but also had their witnesses; PW3, PW4, PW5, PW6, PW7, PW8, PW9, PW10, PW11, PW12, and PW13 ‘k-legged’.
Their testimonies were according to him ‘incompetent’.
He added that in the election held in 176,974 polling stations and 774 local governments , no evidence was provided to prove ‘overvoting’, electoral fraud and others.
The tribunal has also delivered its ruling on the allegations raised against President Tinubu that he was previously indicted and fined the sum of $460,000.00 by the United States District Court, Northern District of Illinois, Eastern Division, in Case No: 93C 4483, for an offence bordering on dishonesty and drug trafficking.
Justice Haruna Tsammani noted that a careful perusal of the documents tendered before the court showed that there was a civil docket entry in respect of the case.
Noting that a period of 10 years had since elapsed when the said fine was purportedly imposed against Tinubu, it, could not therefore be a valid ground to seek his disqualification while adding that contrary to the submissions made by the Petitioners, the case, was a civil forfeiture proceeding against funds that were in the bank and not an action that was against Tinubu as a person.
Such a civil forfeiture proceedings according to him targets a property and not the owner.
Mr Obi and the LP also failed to show that Tinubu was indicted, arraigned, tried or convicted for any criminal offence in the USA while sequel to the letter the then Inspector General of Police sent to USA in 2003, the American Embassy, had confirmed that there was no criminal record against Tinubu in its centralized information center.
The letter from the IGP and the response from the US Embassy, are public documents that are admissible in evidence, the tribunal noted.
‘A civil forfeiture is a unique remedy that rests on the legal fixture that the property, not the owner, is the target, therefore, it does not require conviction or even a criminal charge against the owner as it is not a punishment for criminal purposes. The petitioners have failed to show evidence that the second respondent was indicted, charged or arraigned, tried, and convicted and was sentenced to any term of imprisonment or fine for any particular offence.
The second respondent was never fined for any offence and has no criminal record in the United States. In proof of their assertions, they have tendered exhibits RA8 and RA9 on the bar’ he added.
LP’s request that the election should be declared void because of the failure of INEC’s Results Viewing Portal to electronically upload election results was not also granted as the tribunal cited Sections 52 and 65 of the Electoral Act 2022 that give the electoral commission the freedom to choose the method of transmitting election results.
The tribunal also submitted that the Federal Capital Territory does not hold a higher status than other states in the country thereby declaring the opinion that a presidential candidate must win in the FCT as wrong and irrelevant.
Section 134 (1) and (2) of the 1999 Constitution of Nigeria (as amended) stipulates that a presidential candidate must attain or score a majority of votes cast in a presidential election, where two or more candidates are involved, and at least 25% in two-thirds of the 36 States and FCT to meet the constitutional requirement to be declared as duly elected as President of Nigeria.
‘The argument of LP lawyer that the 2nd respondent ought not to have been declared winner because he did not score 25 per cent in the FCT is fallacious and incredibly ridiculous’ the judge submitted.
The tribunal also held that though the petitioners claimed that Tinubu did not meet the constitutional requirement to have stood as a candidate in the presidential election, they did not spell out what the requirement was.
Justice Moses Ugo, also struck out some paragraphs in which the petitioners accused Governor Yahaya Bello and one Friday Adejo, said to be a Local Government Chairman in Kogi state of electoral irregularities but failed to join them as parties in the petition.
The panel in conclusion dismissed the claims in the three separate petitions filed by APM, LP and PDP and declared them as ‘unmeritorious’.
‘It is clearly evident that the petitioners have failed to discharge the burden of proof placed on them by law.
They have not been able to leave any cogent, credible and acceptable evidence’ Justice Haruna Tsammani said.
‘From the PWC seventh evidence , it was like the petitioners did not understand the explanations of the first respondent or they were just fixated on their belief that they won the election without any cogent and credible evidence and they did not even bother to place such credible evidence before this court, were they expecting the court to go and gather evidence from the streets or from the markets or to be persuaded or intimidated by threats on social media? That is not the way of the court’ Justice Monsurat Bolaji-Yusuf also said.
Major Takeaways. Awkward And Funny Moments
There were a lot of awkward and funny moments as social media users and other Nigerians watched the proceedings live.
It was actually a ‘topical issue’ on social media .
At the Tribunal sittings venue were Vice President Kshim Shettima, President Tinubu’s Chief of Staff, Hon Femi Gbajabiamila, APC National Chairman, Alhaji Abdulahi Ganduje, LP National Chairman, Chairman PDP Governors’ Forum, Bala Mohammed, Chairman, APC Governors’ Forum, Hope Uzodinma . Minister of Aviation, Mr. Festus Keyamo SAN, National Security Adviser, Nuhu Ribadu, Governor Yahaya Bello , APC National Secretary, Dr Bashir Ajibola and other political bigwigs.
While Governor Bala Mohammed and Alhaji Ganduje showed ‘political maturity’ by chitchatting and Mr. Keyamo whispered in VP Shettima’s ear, and there was a show of camaraderie, thousands of social media users however shared pictures of the political figures that fell asleep during the proceedings while popular journalists including Mr. Seun Okinbaloye and Mr. Gbenga Aruleba were not spared.
Justice Abba Mohammed while delivering ruling on allegations of electoral fraud made against INEC and APC by the LP, paused his speech at exactly 1.15 pm to complain about those who were engaging in ‘side talk’ and he said ‘this is no laughing matter please’.
Major takeaways from the Tribunal ruling include presentation of true picture of things in respect of BVAS, status of Abuja , what it requires to nominate a vice presidential candidate, a deputy governorship candidate and other issues.
There were other issues that will definitely ignite debates – Team@orientactualmags.com
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