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PDP, LP Call on INEC to Cancel February 25 Elections

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The vice presidential candidate of the Peoples Democratic Party (PDP), Ifeanyi Okowa; and his Labour Party (LP) counterpart, Datti Baba-Ahmed have unanimously called on the Independent National Electoral Commission (INEC) to cancel the February 25 presidential and National Assembly elections.

Okowa and Baba-Ahmed stated this at a joint briefing in Abuja on Tuesday.

Okowa, who is also the governor of Delta State, said “it is clearly stated in that Electoral Act that all election results must be transmitted at the polling unit level” and that it is only the results electronically transmitted from the polling units that can be collated at the centre.

“If you have not transmitted those results, it means that you have actually not conducted elections under the very law that we all applauded.

“So, the right thing for the INEC chairman to do is to cancel the elections,” the PDP vice-presidential candidate stated.

On his part, Datti Baba-Ahmed adopted Okowa’s position. “I hereby adopt the submission of my brother, Governor Ifeanyi Okowa of the PDP,” he said.

“Now, we are witnessing the fact that the next government will be built on outright illegality.”

The LP vice-presidential candidate warned the INEC Chairman, Mahmood Yakubu not to promote illegality, saying he should respect the rule of law.

Below is the full text of the briefing:

Being text of the joint press conference by the Vice Presidential candidate of the Peoples Democratic Party, Governor Ifeanyi Okowa and Vice Presidential candidate of the Labour Party, Dr Datti Ahmed on Tuesday, February 28, 2023 at the Transcorp Hilton, Abuja.

On Saturday, the 25th of February, 2023, Nigerians from the different parts of our great country braced all manner of challenges to cast their votes for their preferred candidates. And having cast their votes, they are expectantly awaiting the results of the presidential and National Assembly election. We wish to state for the records that last weekend’s election was a sham. It was neither free nor fair. What played out yesterday at the National Collation Center exposes the National Chairman of playing to a predetermined script. Our position remains that the election and transmission of the results must be in tandem with the Electoral Act and the INEC guidelines.

There is no doubt that INEC is under a statutory obligation to transmit election results electronically. Paragraph 38 of the INEC manual made pursuant to section 149 of the Electoral Act 2022 and the 1999 constitution as amended provides for this. That paragraph, which deals with the transmission of results at the polling units, is crucial, and it imposes statutory obligations on the part of INEC to upload polling units results on its portal.

There is no doubt that polling units results are the pyramid upon which other results are built. Therefore, it is required that the moment polls come to a close and the results are declared, the results must be uploaded on INEC server or portal.

Paragraph 38 of INEC Manual 2022 made pursuant to the provisions of the constitution of the Federal Republic of Nigeria 1999 as amended and section 149 of of the Electoral Act 2022 provides that: “On completion of all the Polling Unit voting and results procedures, the Presiding Officer shall:

(i) Electronically transmit or transfer the result of the Polling Unit, direct to the collation system as prescribed by the Commission.

(ii) Use the BVAS to upload a scanned copy of the EC8A to the INEC Result Viewing Portal (IReV), as prescribed by the Commission.

(iii) Take the BVAS and the original copy of each of the forms in tamper-evident envelope to the Registration Area/Ward Collation Officer, in the company of Security Agents. The Polling Agents may accompany the Presiding Officer to the RA/Ward Collation Centre.” It is mandatory and compulsory. INEC has no option. So, the failure to upload results and follow the procedures set out in paragraph 38 of the manual made pursuant to the Electoral Act 2022, is a fundamental breach that has the potential of rendering the election results that did not follow those procedures null and void.

For clarity, Section 64 (4) (a) and (b) of the Electoral Act, 2022 specifically provide thus:

“A collation officer or returning officer at an election shall collate and announce the result of an election subject to his or her verification and confirmation that the –

(a) number of accredited voters stated on the collated result are correct
and consistent with the number of accredited voters recorded and transmitted
directly from polling units under section 47 (2) of this Act; and

(b) “votes stated on the collated result are correct and consistent with the votes or results recorded and transmitted directly from Polling Units under Section (60) (4) of this Act”.

Consequent on the above Section 60 (4) of the Electoral Act 2022, any result announced by INEC is ultra vires, illegal, and of no consequence unless they are results already transmitted DIRECTLY from the Polling Units. So procedurally, INEC cannot continue to announce results that are yet to be transmitted as expressly stated in the relevant Sections of the Electoral Act.

The law is that where the law has set out the procedures to be followed, that procedures and no other must be followed.

The argument that INEC guidelines have no force of law is idle and wayward arguments. This is not even the question of alterations of the results. It is a question of non-compliance with mandatory statutory provisions. The argument that it is only when the Chief Electoral Officer of the Federation announces the winner of the Presidential election that the results can be uploaded on the INE C portal cannot be correct. There must be uploading of results at the polling units after the polling officers had announced the winner at the polling units.

Finally, we call on the commission to thread on the path of honour by cancelling the election outright and commence the process of a fresh election that will not only be credible but will be seen to be credible by Nigerians.

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Tinubu’s Absence: There’s No Vacancy in Aso Rock, Akpabio Declares

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President of the Senate, Godswill Akpabio has dismissed calls for President Bola Tinubu to hand over power to Vice President Kashim Shettima, saying there is no leadership vacuum despite the President’s continued working vacation abroad.

Speaking on Tuesday, in Akwa Ibom State, while commissioning road projects executed by Governor Umo Eno, Akpabio addressed public concern over Tinubu’s three-week holiday, which was recently extended by one week. He insisted the President remains fully in office and continues to carry out his constitutional duties.

“I am the Senate President, and I am not the acting President of Nigeria, because President Tinubu is still in power. He is on a working leave, and there is no absence in Aso Rock. The world is a global village, and one can give instructions over the internet. So, why are people complaining?” he retorted.

Akpabio emphasized that only his office can declare a presidential vacancy and that no such condition currently exists. “Right now, there is no vacancy. Asiwaju Tinubu is still in power, and he is still running the affairs of Nigeria,” he added.

To underscore the President’s continued engagement, Akpabio disclosed of recent diplomatic contacts, including communications with French President Emmanuel Macron.

His remarks may have finally put to bed, unnecessary concerns raised by critics who claim the extended absence has hindered governance. Invoking modern communication, Akpabio argued a “remote” presidency can still function effectively.

The Presidency has not provided a formal return date for President Tinubu. Akpabio’s comments, however, signal a united stance within the ruling All Progressives Congress (APC) aimed at quelling speculation about a leadership crisis.

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Nigeria Can Not Be on Vacation, Who is in Charge? Atiku Queries over Vacuum in Aso Rock

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Former Vice President Atiku Abubakar has asked the Presidency and the National Assembly to clarify who is constitutionally exercising the powers of President Bola Ahmed Tinubu following the expiration of the 21-day period announced for the President’s annual vacation.

Recall that Tinubu left Nigeria on August 30 for a three-week annual vacation in Europe. The President’s absence coincided with Vice President Kashim Shettima’s official engagements outside the country, including his current representation of Nigeria at the 81st United Nations General Assembly in New York.

In a personally signed statement on Monday, Atiku argued that the expiration of the 21-day period had raised questions under Section 145 of the 1999 Constitution regarding the transfer of presidential powers.

Section 145(1) provides for the President to transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives when proceeding on vacation extending beyond a specified period or when otherwise unable to perform the functions of his office.

Atiku said Nigerians had not been shown any such declaration transferring presidential functions to Shettima.

“President Tinubu left Nigeria on 30 August. The Presidency publicly announced a three-week vacation. Yet, to date, Nigerians have not been shown any constitutional letter transmitting presidential authority to Vice President Kashim Shettima.

“The 21 days have now elapsed. If such a letter exists, the Presidency should publish it immediately,” Atiku said.

The 2027 African Democratic Congress (ADC) presidential candidate, said the constitutional provision also addresses a situation where the President fails to transmit the required declaration.

He referred to Section 145(2), which provides that where the President is unable or fails to transmit the declaration within 21 days, the National Assembly can, by a simple majority in each chamber, mandate the Vice President to perform the functions of President as Acting President.

Atiku therefore asked the National Assembly to explain whether the constitutional procedure had been activated.

“If it does not, then the constitutional mechanism contemplated by Section 145(2) has been triggered, and the National Assembly owes Nigerians an explanation as to why it has not acted.

“This is not a matter of political convenience. It is a matter of constitutional order,” he said.

Atiku further drew attention to Shettima’s presence in New York, where he is leading Nigeria’s delegation to the 81st United Nations General Assembly based on the President’s directive.

Atiku said the situation raised a question about who was exercising presidential authority in Nigeria and under what constitutional instrument.

“So again: who is exercising presidential authority in Nigeria today, and under what constitutional instrument?” he asked.

The former Vice President also criticised what he described as reliance on informal indications of presidential activity while the President remains abroad.

“Nigeria cannot be governed by assumptions. It cannot be governed by presidential social-media posts from Europe.

“It cannot be governed by photographs from private dinners at the Élysée Palace.

“It cannot be governed on autopilot,” he said.

Atiku also said President Tinubu should be in the country at a time like this, linking his concerns to recent domestic developments in the country, including the deaths of 37 Nigerians in the custody of the Nigeria Security and Civil Defence Corps in Minna.

He said the incident had led to investigations, suspensions and calls for independent scrutiny.

He also raised concerns about petrol prices, claiming that the product was selling for as much as ₦1,500 per litre in some parts of the country.

“These are not ordinary times. Yet the President is abroad. The Vice President is abroad.

“The Senate President is abroad. And Nigerians have not been told, in the clear constitutional language required of a serious democracy, who is exercising the powers of the President,” Atiku said.

Atiku acknowledged the diplomatic significance of Tinubu’s private dinner with French President Emmanuel Macron in Paris but argued that Nigeria’s governance responsibilities could not be suspended while the President was abroad.

“President Tinubu’s private dinner with President Emmanuel Macron in Paris may serve diplomatic purposes. But Nigeria itself cannot be placed on vacation.

“The Constitution does not recognise a ‘working vacation’ as an alternative system of presidential succession.

“It provides a procedure. That procedure must be obeyed,” he argued.

Atiku consequently called on the Presidency to disclose whether Tinubu transmitted the declaration required under Section 145(1) before leaving Nigeria.

He also asked the President of the Senate and the Speaker of the House of Representatives to state whether they received such a communication.

“If no declaration was transmitted within the constitutionally stipulated period, the National Assembly must explain why the procedure provided by Section 145(2) has not been activated,” he said.

Atiku concluded that the issue was bigger than the President’s personal movements, arguing that Nigerians were entitled to know who was constitutionally responsible for the exercise of presidential powers.

“Nigeria is bigger than any President.

“At a time of severe economic hardship, rising energy costs, security challenges and the shocking deaths of citizens in government custody, the country deserves visible, accountable and constitutionally grounded leadership.

“The question will not disappear: Who, constitutionally, is in charge of Nigeria?” Atiku questioned.

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Tinubu Gushes over Wife, Oluremi, at 66, Calls Her Truest Friend, Confidante

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President Bola Tinubu has celebrated his wife, Oluremi, on her 66th birthday, describing her as his “truest friend and confidante”.

In a birthday tribute to the First Lady on his verified X handle on Monday, Tinubu praised her patience, courage, compassion and unwavering support throughout their years together.

The President, who described Oluremi as the woman who had stood by him through different seasons of his life, said she had shared his burdens and provided counsel during difficult moments.

“Today, I celebrate the woman who has walked beside me with patience, grace and uncommon courage. Àwọn àgbà sọ pé, ‘Ìyàwó rere ni adé ọkọ rẹ̀.’ A good wife is her husband’s crown,” he said.

Tinubu said Oluremi had given practical meaning to the biblical description of a virtuous woman, adding that she had remained a source of strength and understanding to him.

“The burdens that were mine to bear often found their way onto your shoulders. The thoughts I could not put into words somehow found their way to you.

“In difficult times, when the future was uncertain, you stayed calm beside me and prayed with me,” he stated.

The President described the First Lady as his “truest friend and confidante”, saying she was never afraid to offer him honest counsel.

“I call you my truest friend and confidante because you speak the truth plainly, even on the days I would rather not hear it,” Tinubu said.

He also praised Oluremi for her role in raising their children and grandchildren, saying her values of faith and kindness had shaped the family.

“Our home bears the lasting imprint of your devotion. Our children and grandchildren have grown beneath the shelter of your prayers. They carry your values of faith and kindness wherever life takes them,” he said.

Tinubu also highlighted the First Lady’s humanitarian activities, recalling her work through the New Era Foundation and the Renewed Hope Initiative.

“Nigerians know you for your compassion, kindness, generosity of spirit and steadfast faith. I have watched you touch lives quietly and consistently, offering hope and support to those in need,” he said.

He added that her initiatives had supported young people, widows, elderly citizens and women farmers across the country.

“From the New Era Foundation during our years in the saddle in Lagos to the Renewed Hope Initiative today, your care has reached many young boys and girls, widows, elderly citizens, and women farmers across the country,” the President stated.

Tinubu also acknowledged Oluremi’s advocacy for people affected by tuberculosis and other diseases, describing her as a compassionate advocate and determined champion.

He said her compassion transcended ethnic, regional and religious boundaries.

“For you, compassion has never recognised the boundaries of tribe, region or religion,” he said.

Reflecting on their years together, Tinubu said their shared experiences, including difficult decisions and sacrifices, had strengthened their relationship.

“A long journey teaches a man the true value of a good partner. We have travelled a long road together. I think of the difficult decisions we talked through for hours and the sacrifices no one else saw.

“Laughter and prayer carried us through many of them,” he said.

The President said he would choose Oluremi again if given the opportunity to relive his life.

“If life returned me to the beginning, I would choose the same road that led me to you. Through every mile, my heart has always remained at home with you,” Tinubu said.

The President wished the First Lady many more years in good health and happiness.

“Happy 66th birthday, my darling Oluremi. I pray that God Almighty will grant you many more years in good health and joy,” he said.

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