Can Atiku, Obi Break 24-year-Legal Deadlock?
The dust from the presidential election held in Nigeria on February 25, 2023, is yet to settle. This election, in favor of President Bola Tinubu of the ruling All Progressives Congress (APC), was one of the most fiercely contested results since Nigeria’s return to democracy in 1999, according to pundits.
On March 1, the Independent National Electoral Commission (INEC) declared Tinubu the winner of the presidential contest, with a total of 8,794,726 votes, defeating his major rivals, Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) and Mr. Peter Obi of the Labour Party, who came second and third, respectively.
Dissatisfied with the outcome, both Atiku and Obi, along with their political parties, initiated legal actions to invalidate the election. The Allied Peoples Movement (APM) also filed a petition to challenge Tinubu’s return as the valid winner.
The litigants argued that Tinubu was not qualified to contest, alleging manifest corrupt practices and substantial non-compliance with the Electoral Act 2022 and INEC’s Manual/Guidelines for the election. They also questioned Tinubu’s eligibility to occupy the presidential seat due to his previous indictment and fine of $460,000.00 by the United States District Court for an offense involving dishonesty and drug trafficking.
Furthermore, the petitioners stressed that Tinubu failed to secure 25% of the votes in the Federal Capital Territory, Abuja, as required by the Constitution.
The Court of Appeal, serving as the court of first instance in presidential election disputes, was tasked with determining these key issues. Though five petitions were initially filed against Tinubu’s election, the Action Alliance (AA) and the Action Peoples Party (APP) withdrew their cases before they could be heard.
The Presidential Election Petition Court (PEPC) in Abuja recently dismissed all the petitions and upheld Tinubu’s election victory. However, Atiku and Obi have vowed to approach the Supreme Court to set aside the judgment, with Atiku claiming that the appellate court’s decision lacked “substantial justice,” and Obi stating that it “fell short of expectation.”
Statutorily, the Supreme Court has 60 days, starting from the day the judgment was read (September 6), to render its decision. The tribunal and Supreme Court have fixed timeframes to expedite presidential election cases and avoid lengthy disputes that used to last almost the entire term of office of the contested president.
Until the Supreme Court’s final pronouncement, the possibility of Tinubu’s removal from office remains. However, with no precedent for such an annulment in over 24 years, many legal experts argue that presidential election litigations in Nigeria are often futile and purely academic.
The petitioners face a significant challenge due to the 21-day timeframe mandated by the Electoral Act to file petitions along with depositions of intended witnesses. This timeframe is considered too short for presidential election cases, considering the vast size and complexity of the country.
The Supreme Court’s position has always been that the petitioner must succeed on the strength of their case, not the weakness of the defense. Allegations of malpractice and electoral violence must be established beyond a reasonable doubt, and this has been difficult in previous election disputes.
As the nation awaits the Supreme Court’s decision in the next 56 days, the question remains: Can Atiku, Obi, and the other appellants break the 24-year legal deadlock? Only time will tell.
War Rages in NNPP
The New Nigeria People’s Party (NNPP) is embroiled in a leadership crisis marked by suspensions, expulsions, and resignations. The dispute began prior to the primaries, with key stakeholders feeling marginalized during the candidate selection process.
Founder and Chairman of the NNPP’s Board of Trustees, Boniface Aniebonam, blamed the turmoil on the party’s 2023 presidential candidate, Rabiu Kwankwaso. He accused Kwankwaso of high-handedness and anti-party activities, alleging that he located the party’s Situation Room in his residence during the 2023 polls, which led to corruption and manipulation.
The infighting escalated, with questions arising about the whereabouts of approximately N1 billion generated from nomination forms sold to aspirants. Aggrieved members called for a probe into the party’s finances and challenged the primary election that led to Kwankwaso’s nomination.
In response, Kwankwaso’s camp dismissed the allegations and accused Aniebonam of creating division within the party. Subsequently, the National Auditor and Chairman of the Disciplinary Committee, Dipo Ladipo, announced the expulsion of Aniebonam and others.
However, Aniebonam and his supporters contested the expulsions, emphasizing his status as a life member of the party and questioning the authority behind the actions.
The crisis deepened with Kwankwaso’s suspension and subsequent expulsion by Aniebonam’s faction, a move later voided by a High Court in Kano State. Amid the turmoil, Prof Alkali Rufai, the party’s Chairman, resigned, expressing regret over the party’s internal conflicts.
Atiku Queries Tinubu Presidential Legal Team’s Header on Judgment’s CTC
Alhaji Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP) in the 2023 general election, has called on the Presidential Election Petition Court (PEPC) to provide an explanation to Nigerians and the world regarding the ambiguities surrounding why copies of the judgment allegedly bore the header of the Tinubu Presidential Legal Team.
Atiku made this demand through his Special Assistant (Communications), Mr. Phrank Shaibu, in a statement obtained by Sunday Sun.
Atiku questioned whether the Tinubu Legal Team was given special privileges and urged the court to explain its decision.
He further expressed concerns about the court’s language while delivering its judgment, describing it as vexatious and denigrating. Atiku also raised suspicions about whether the Tinubu Legal Team provided clerical services to the PEPC, as their header appeared on a document meant to be the official document of the Court of Appeal of Nigeria.
Atiku emphasized the importance of clarifying these matters as the legal challenge shifts to the Supreme Court. He stated that this challenge is not just about him but is a last-ditch effort to safeguard the country’s democracy.
PEPC judgment: Oyetola mocks Atiku, Obi, decries politics of bitterness
The Minister of Marine and Blue Economy, Adegboyega Oyetola, has commented on the presidential candidates of the Peoples Democratic Party (PDP), and Peter Obi of the Labour Party (LP), suggesting that they should prepare for the next four years to retake the class they failed.
He emphasized that the judgment delivered by the tribunal is so profound that it cannot be challenged anywhere.
Oyetola made these remarks during a reception held for him at his country home in Iragbiji, Boripe Local Government, Osun State. He also mocked the challengers of President Bola Tinubu’s victory, stating that their efforts are futile.
Oyetola further advocated for unity in politics, emphasizing that politics should not be marred by bitterness or violence.
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