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Take a Closer Look at the Intense Legal Battle to Nullify Mr Tinubu’s Victory

by Africa Giant News
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Tinubu, Obi, Atiku

The Nigerian Presidential Elections held on February 25, 2023, saw the President Bola Tinubu, emerging as the winner. However, his victory has been called to question by Peter Obi of the Labour Party, who is alleging electoral fraud and a breach of electoral laws and the constitution by both the Independent National Electoral Commission (INEC) and Mr Tinubu. The Presidential Election Petition Court in Abuja is currently hearing Mr Obi’s suit seeking to overturn Mr Tinubu’s victory.

The tribunal has admitted the final presidential election results as exhibits in Mr Obi’s suit and has also tendered the collated final presidential election results relied upon by INEC in declaring Mr Tinubu, the winner of the polls. This act is being consented to by the respondents, Mr Tinubu, Kashim Shettima (the vice president), APC, and INEC.

At the resumed hearing of Mr Obi’s petition, collated results for states and the Federal Capital Territory (FCT) were tendered and admitted as exhibits. Mr Obi’s lawyer, Paul Ananaba, tendered the documents before the court and with the set of electoral documents admitted as exhibits, Mr Obi is expected to proceed with calling witnesses to prove his case.

Mr Obi alleges electoral fraud and breach of the constitution and electoral laws against the INEC and Mr Tinubu during the polls.

The respondents, Mr Tinubu, INEC, Mr Tinubu, Mr Shetima, and the APC, vehemently objected to the admissibility of Mr Obi’s set of electoral documents. However, the court admitted them as exhibits and will entertain hearing on written objections by lawyers to the respondents at the close of arguments in the case.

The ongoing legal battle brings to the fore the issue of electoral transparency and democracy in Nigeria. As with any democratic election, it is essential that the election process is transparent, free and fair for all parties involved. Any evidence of electoral fraud, rigging, or breach of the constitution and electoral laws must be investigated and addressed.

The Nigerian Electoral Tribunal has the monumental task of ensuring that justice is served for all parties involved in the case. The Tribunal needs to be impartial and void of any political bias, employing strict adherence to the Nigerian constitution and electoral laws in delivering its verdict.

The significance of this case transcends the current Nigerian political scene and has far-reaching implications for Nigerian democracy and electoral transparency. If the court finds that there was indeed electoral fraud and a breach of the constitution and electoral laws during the elections, it would be an affirmation that the judiciary system in Nigeria is committed to addressing issues bordering on democratic governance.

In conclusion, a free, fair, and transparent democratic election is the bedrock of any democratic society, and Nigeria must continually strive to ensure that its electioneering processes meet the required democratic standards. The ongoing legal battle in the Nigerian Electoral Tribunal will serve to reinforce the democratic principles of fair play and justice, which must be upheld if Nigeria’s democracy is to grow and thrive.

The Nigerian presidential election held on 25 February 2019 was fiercely contested and riddled with controversies that have culminated in a legal tussle. The crisis led to the ultimate decision by the Presidential Election Petition Court in Abuja to admit the final election results as exhibits in Peter Obi’s petition to nullify President Bola Tinubu’s victory. Obi, who was the presidential candidate of the Labour Party, had alleged electoral fraud and breach of the constitution and electoral laws against the Independent National Electoral Commission (INEC) and Mr Tinubu during the polls.

In the keenly contested election, Mr Tinubu emerged the winner, with closest challenger Atiku Abubakar of the Peoples Democratic Party and Mr Obi, who came third. Incumbent President Muhammadu Buhari did not run for re-election. Yakubu Mahmood, chairman of the electoral commission, declared Mr Tinubu president-elect on 1 March.

In a bid to prevent the declaration of Mr Tinubu as president-elect, Mr Obi petitioned the court to nullify Mr Tinubu’s victory, alleging electoral fraud against INEC and Mr Tinubu during the polls.

Perhaps to underscore the gravity of their claim that the election was rigged, the Labour Party flagbearer presented the collated results of states and the Federal Capital Territory (FCT) as evidence before the court. On Wednesday, the court admitted the results without opposition from the respondents, who have consistently objected to the admissibility of election results and other electoral documents used in the conduct of the election from the states of Nigeria.

Expectedly, Mr Tinubu, INEC, and the APC are objecting to the admissibility of the collated electoral documents. The court, however, overruled their objections and admitted the documents as exhibits. The respondents are expected to file written objections at the close of arguments in the case.

The electoral tribunal represents a crucial test for Nigeria’s democracy and rule of law, as Nigerians keenly watch the judicial proceedings. Irrespective of the outcome of the suit, a lot is at stake for the country. If Mr Tinubu’s victory is upheld, he will be tasked with the enormous responsibility of steering Africa’s most populous nation, with a population of over 200 million, for the next four years. However, if Mr Obi’s petition is upheld, it would be unprecedented in Nigeria’s history.

In taking up the case, the electoral tribunal is demonstrating its commitment to ensuring that citizens’ votes count and that justice is served. This is commendable, as it reinforces the importance of democratic institutions, and the rule of law. The decision in this case will be significant and far-reaching, irrespective of which way it goes. It will either reinforce the faith of Nigerians in democratic institutions or raise serious concerns about the sanctity of the electoral process in Nigeria.

Overall, it is critical that the justice system dispenses fair and impartial justice in the case. Nigerians, Africans, and the rest of the world are watching, eager to see if democracy in Nigeria is maturing, evolving, and robust enough to handle the country’s rapidly changing political landscape. This is a trial of Nigeria’s democracy, and a positive outcome would show that the country is moving in the right direction.

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