Why EU, ECOWAS Reports On Nigerian Elections Have No Judicial Value – Tribunal Judge

Why EU, ECOWAS Reports On Nigerian Elections Have No Judicial Value – Tribunal Judge

A senior judge declared on Wednesday that reports from the European Union (EU) and ECOWAS delegations, though accredited to observe Nigeria’s elections, hold no legal weight and cannot be accepted as evidence in Nigerian courts.

Moses Ugo, a judge in Nigeria’s second highest court, the Court of Appeal, made this assertion while delivering a ruling as a member of the Presidential Election Petition Court.

As part of the five-member panel on the PEPC, Judge Ugo affirmed the dismissal of appeals lodged by three opposition parties challenging the election of President Bola Tinubu.

He expressed solidarity with his fellow judges on the panel and clarified why the EU and ECOWAS reports, which had raised concerns about certain aspects of the 2023 presidential election, could not be considered as admissible evidence in court.

“The EUEOM report on the 2023 presidential elections… and I dare to add even the ECOWAS report of the same elections tendered by second and third respondents is completely valueless and inadmissible…,” he said.

“The impression given by both petitioners is that the said report is like the gospel truth of what happened in the election and so must be accepted by this court and the conduct of the presidential election declared corrupt or at the very least declared below par regardless of whether or not the authors of the said report presented themselves in court to defend their opinions,” the judge ruled.

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On Wednesday, the full panel of the Presidential Election Petition Court in Abuja, comprising all five members, issued a unanimous decision affirming Bola Tinubu as the duly elected President of Nigeria. This judicial ruling puts to rest lingering questions about the credibility of his election that persisted for over six months.

In a comprehensive judgement that spanned over 12 hours, the panel, led by Haruna Tsammani, dismissed all three petitions contesting Mr. Tinubu’s election, with the lead judgement setting the precedent. The remaining members of the panel – Stephen Adah, Misitura Bolaji-Yusuf (the sole female judge on the bench), Moses Ugo, and Abbah Mohammed – subsequently concurred, adopting the lead judgement’s reasoning and conclusions.

The petitioners included Atiku Abubakar of the Peoples Democratic Party (PDP), who was declared the first runner-up in the election; Peter Obi of the Labour Party, the second runner-up; and the All Peoples Movement (APM).

The panel unanimously emphasized the complete absence of credible evidence provided by the petitioners to substantiate their claims. Additionally, some of the legal arguments presented by Atiku and Mr. Obi were characterized as “fallacious and ridiculous” by the court.

“From the foregoing, therefore, it is very clear and certain that the petitioners have failed to prove that the 2023 presidential election and the return of the 2nd respondent (Mr Tinubu) was invalidated by reason of corrupt practices or non-compliance with the Electoral Act 2022,” Mr Tsammani declared.