Court upholds Tinubu's victory, dismisses petitions

• INEC cannot be forced to transmit results electronically – PEPC• Says fine imposed by US court did not disqualify Tinubu• Rejects claim of 25 percent of FCT votes from LP, declares Abuja like other states• Declares Obi's petition baseless• Rejects Atiku's petition• Strikes APM's petition against Tinubu, Shettima• LP and PDP vow to challenge verdict• Tinubu welcomes verdict • Expected decision, CENI fought petitioners, says Adegboruwa

After a 13-hour judgment, the Presidential Election Petitions Tribunal (PEPC) yesterday evening validated the electoral victory of the All Progressives Congress (APC) and its candidates, Bola Tinubu and Kashim Shettima, in the 2023 presidential election.

The panel described the petition filed by the Labor Party (LP) presidential candidate, Mr. Peter Obi; The People's Democratic Party and its flag bearer, Atiku Abubakar, as well as the Allied People's Movement (APM), described the electoral victory as unmeritorious.

The Tribunal, headed by Justice Haruna Tsammani, in a marathon judgment on various aspects of the consolidated petitions filed by the petitioners, unanimously dismissed the petitions. At 9:55 p.m. sharp, he said, “The motions are hereby dismissed. I hereby affirm the declaration of Tinubu by the CENI, as the duly elected President of Nigeria. »

Before yesterday's ruling, there was palpable tension in the country, following threats from some people to protest if there was any "perversion of justice" in the verdicts.

As a result, a heavy security deployment took place at the Court of Appeal in Abuja, the venue of the hearing, as dozens of riot police from the Nigeria Security and Civil Defense Corps ( NSCDC) and other plainclothes security officers were present. deployed at strategic FCT locations to prevent any breaches of public order that may occur after the judgment.

Around 6:50 a.m., trucks full of police officers were brought to the appeal court. In addition, the police used their vehicles to barricade the entrance to the court and all main roads leading to the court, while many police officers also patrolled the surrounding areas to prevent any public disturbance.

Nevertheless, a group of women in favor of President Tinubu's victory gathered outside the presidential election court yesterday morning, holding a placard that read: "President Tinubu, we voted for you", “We support you, it's your turn” and “it's on your mandate that we will present ourselves.'

Supporters of the petitioners also gathered at different places near the court to demand “justice”.

At 9:29 a.m. sharp, the five judges entered the courtroom to determine the fate of the parties.

The LP and Obi's petition was called first, however, the panel launched its verdict along with that of the APM.

The court wasted no time in striking out the petition of the APM, which challenged the nomination of the respondents, finding that the question of nomination, which is a pre-election question, does not fall within the jurisdiction of the court because an electoral tribunal.

The court ruled that the issue should have been raised in the lower court, adding that even if it was to be heard by the PEPC, the issue was time-barred.

Justice Tsammani also found that the petitioner did not have standing to present a petition because the law did not allow a political party to question the process adopted by another political party to nominate its candidate .

The court ruled that an invalid candidacy or a double candidacy does not constitute grounds for disqualification in the presidential election, as provided for in Articles 131 and 137 of the Constitution.

In the case of LP and Obi, the panel held that the Independent National Electoral Commission (INEC) cannot be obliged to transmit election results electronically.

He further held that the petitioner, LP, could not raise the issue because a Federal High Court judgment on the issue had not been set aside and the decision was therefore still binding.

Justice Tsammani said that apart from the Federal High Court ruling, neither the 2022 Electoral Act nor the INEC manual specifically provided for electronic transmission.

“Nothing in the 2022 Elections Act specifically states that the BVAS must be used to transmit election results,” he said.

The court also ruled that the petitioner failed to prove that the system was deliberately programmed by the CENI to manipulate or rig the elections.

Regarding Tinubu's qualification to contest the election, the court ruled that the fine imposed on Tinubu by a US court following civil forfeiture proceedings did not disqualify him.

According to the court, the fine imposed by the American court was not considered a fine for fraud or dishonesty under Article 137(1)(d) of the Constitution.

He added that the petitioners had not complied...