Matters Arising Ahead Of Presidential Tribunal Judgment

Matters Arising Ahead Of Presidential Tribunal Judgment

The verdict from the presidential election petitions tribunal, which is anticipated to be delivered in a matter of weeks, will determine the fate of President Bola Tinubu’s victory in the February 2023 presidential election.

Tinubu secured 8,794,726 votes, surpassing Atiku Abubakar of the Peoples Democratic Party (PDP) who received 6,984,520 votes and Peter Obi of the Labour Party (LP) with 6,101,533 votes.

Obi expressed discontent and pledged to substantiate his claim of being “robbed” of victory, while Atiku characterized the outcome as a “rape of democracy.” Atiku also questioned the judiciary’s credibility to dispense justice fairly.

Accompanied by prominent figures including former governors Liyel Imoke, Boni Haruna, and Babangida Aliyu, as well as Uche Secondus, former national chairman of the PDP, Atiku appeared before the tribunal in May 2023.

Following this, five political parties, including the PDP, LP, Action Peoples Party (APP), Allied Peoples Movement (APM), and Action Alliance (AA), lodged separate petitions with the tribunal, seeking to invalidate Tinubu’s win.

In March, the APP and AA retracted their petitions during the pre-hearing session.

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According to Nigeria’s constitution and the Electoral Act, election petitions must be heard and judgments delivered within 180 days from the petition’s filing date. Considering that the first petition by Obi and Atiku was submitted on March 20, the 180-day period will conclude on September 15.

The 2023 general election was notably one of Nigeria’s most anticipated events. The petitions before the tribunal have generated significant uncertainty surrounding the imminent decision of the five-member panel.

Obi and Atiku’s cases primarily challenge the election based on the alleged failure of the Independent National Electoral Commission (INEC) to carry out electronic result transmission from polling units. They also contend that Tinubu did not secure the necessary majority of votes and 25 percent of votes in the federal capital territory (FCT), a constitutional requirement to win.

Other issues raised include APC vice-presidential candidate Kashim Shettima’s purported double nomination, Tinubu’s academic record, citizenship, and criminal record allegations.

The legal debates over electronic result transmission have witnessed rulings from different courts, including the supreme court, affirming INEC’s discretion on result transmission methods.

In a separate case, the supreme court held on May 26 that Shettima was not guilty of double nomination and that other parties cannot interfere with another party’s affairs.

As for the FCT vote share requirement, INEC asserted that this criterion doesn’t apply, stating that the FCT does not hold a distinct constitutional status.

During the tribunal proceedings, the PDP and Atiku presented 27 witnesses and numerous documents to support their claims. Meanwhile, Obi and his party provided 13 witnesses, and the APM presented one.

Rumors have circulated on social media, alleging interactions between officials and authorities to influence the outcome in favor of specific candidates. These claims have been dismissed.

While the tribunal prepares to deliver its judgment, it remains to be seen whether President Tinubu’s election will be upheld or annulled. Whatever the verdict, the impact on Nigerian democracy will be significant.