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Six States Sue FG, Ask Supreme Court to Nullify Presidential Election
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Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto states have dragged the Federal Government before the Supreme Court over the conduct of the February 25, 2023 presidential and National Assembly elections.
The suit filed by the Attorneys General of the six states has the Attorney General of the Federation as sole respondent.
The plaintiffs on February 28 predicated their case on the grounds that, “The collation of the national election results from the 36 states of the Federation, and that of the Federal Capital Territory, for the said 2023 presidential and National Assembly elections have not been carried out in compliance with the mandatory provisions of relevant sections of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022, made pursuant to the provisions of the Electoral Act, 2022; and the INEC Manual for Election Officials, 2023.”
In the suit filed by their lawyer, Mike Ozekhome, SAN, the states said the agents and officials of the Federal Government and INEC failed to transmit the collated result as prescribed by the provisions of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections 2022; and the INEC Manual for Election Officials requiring transmission of the results by the use of Bimodal Voter Accreditation System in flagrant breach of the relevant provisions of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials, 2023.
They stated that, “non-compliance with the due process of law has led to a widespread agitation, violent protests, displeasure, and disapproval from a wide spectrum of the Nigerian populace, including international observers, political parties, well-meaning Nigerians and former Head of States of the Federal Republic of Nigeria”.
The plaintiffs argued that the federal government through INEC, “is empowered by law to correct the elections due to technical glitches and errors arising from the conduct of the elections with substantial effect on the electoral process in line with the provisions of Section 47 (3) of the Electoral Act, 2022; and other relevant sections thereof.
“Whilst queries were being raised as to the failure or deliberate refusal of INEC to transmit the results electronically, INEC suddenly pulled down its portal harbouring the Regulations and Guidelines, thus leaving the plaintiffs in the dark
“Most Nigerians, including the governments and peoples of Adamawa State, Akwa Ibom State, Bayelsa State, Delta State, Edo State, and Sokoto State, are entitled to a proper and electoral lawful process and procedure that guarantees a free, fair, transparent and credible election”.
Amongst the issues raised for determination by the apex court were: Whether having regard to the provisions of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023 thereof, the electronic transmission of votes collated at polling units and the use of the Bimodal Voter Accreditation System (BVAS) in the transmission of collated result is made mandatory.
“Whether the Federal Government of Nigeria through presiding officers of its executive body, Independent National Electoral Commission was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Results to the Independent National Electoral Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation.
“Whether the Federal Government of Nigeria in the recently held Presidential and National Assembly elections conducted nationwide on 25th February, 2023 through INEC, complied with the mandatory provisions of extant laws, INEC Regulations and Guidelines for the Conduct of Presidential Elections, 2022″.
“Whether the failure of the Federal Government of Nigeria through the Defendant and INEC to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023, violates the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.
“Whether the failure of the Federal Republic of Nigeria through INEC to comply with the provisions of Section 60 of the Electoral Act, 2022 and the Regulations and Guidelines for Conduct of Elections, 2022 made pursuant to the Electoral Act and the Constitution of the FRN, 1999, as amended, in collating and announcing the results of the Presidential and National Assembly Elections render the already announced results and the elections conducted as a whole a nullity”.
“Whether the entire results of the presidential election conducted on the 25th of February, 2023, as announced by the Chairman of INEC at the National Collation Centre, Abuja in flagrant provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were valid.”
The plaintiffs urged the apex court to declare, “that the Federal Government of Nigeria, through INEC was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation in compliance with the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.”
They are seeking “A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of INEC at the National Collation Centre, Abuja, in flagrant violation of the provisions of Sections 25 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were invalid, null and void, and of no effect whatsoever.
“A declaration that the fundamentally flawed electoral process through the non-uploading of the results of each of the 176,974 Polling Units nationwide, in respect of the presidential election and National Assembly Elections held on Saturday, 25th February 2023 were not in accordance with the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.
“The plaintiffs also brought an application praying the apex court for an order directing a departure from the rules of the apex court in the interest of justice by directing for accelerated hearing of the substantive suit. Besides, plaintiffs also filed another application seeking for an order for abridging time for parties to file and serve responses for and against the suit. No date has been fixed for hearing.
News
ADC Unveils Presidential Campaign Council, Names Ibrahim-Imam As Chairman, Dele Momodu As Head, Media/Publicity
The African Democratic Congress (ADC), has unveiled its Presidential Campaign Council for the 2027 election, describing the structure as “lean” in response to the economic realities facing Nigerians.
The council, approved by the party’s presidential candidate, former Vice President Atiku Abubakar, will be chaired by Kashim Ibrahim-Imam, with former Kaduna State Governor, Nasir El-Rufai, serving as Deputy Chairman.
Senator Austin Akobundu will serve as Director-General and Campaign Manager, with responsibility for translating the campaign’s strategy into coordinated action.
The council will have six Deputy Directors-General overseeing various operational directorates, while 30 directors have been assigned specific responsibilities.
In a statement on Thursday, Phrank Shaibu, Director of Strategic Communication of the ADC Presidential Campaign Council and Senior Special Assistant on Public Communication to Atiku, said the structure was deliberately kept “lean” to reflect the economic circumstances confronting Nigerians.
“When families are struggling with food prices, transport costs and shrinking incomes, a campaign asking for their trust must show discipline in how it operates,” Shaibu said.
Dele Momodu will head the Media and Communications Directorate, while Dino Melaye will lead Contact and Mobilisation.
Mohammed Hayatudeen will chair the Policy Team, working with Professor Mohammed Sagagi and other members, including Professor Kingsley Moghalu, while Chief John Oyegun will chair the Campaign Advisory Board.
Shaibu said the campaign structure was designed to be focused on work, with clearly defined responsibilities for every directorate and assignment for every director.
“Our measure of success will be how clearly we address the cost of living, unemployment, insecurity and declining purchasing power—and how effectively we organise to make Nigeria affordable again,” he said.
The council is expected to coordinate the ADC’s presidential campaign activities ahead of the 2027 general election.
President Bola Tinubu has extended his “working vacation” in Europe by a few days and is expected to return to Nigeria at the weekend, the Presidency said on Monday.
The announcement came as Vice President Kashim Shettima represents the President at the 81st United Nations General Assembly in New York, where he is scheduled to deliver Nigeria’s national statement.
Tinubu departed Nigeria on August 30 to begin his working vacation in London. After spending one week in the United Kingdom, he proceeded to Paris, France, where he held meetings with French President Emmanuel Macron and businessman Vincent Bolloré.
Bolloré’s media interests include Canal+, MultiChoice and Universal Music Group.
A statement signed on Monday by Bayo Onanuga, Special Adviser to the President on Information and Strategy, said Tinubu has remains in touch with developments at home and continued to direct the affairs of government despite being away from Nigeria.
One of the major decisions taken by the President during the period was his directive for an independent investigation into the deaths of 37 suspected illegal miners in Minna following their detention by the Nigeria Security and Civil Defence Corps.
The deaths had raised concerns over the circumstances surrounding the detention and treatment of the miners, prompting the President to order an independent probe.
Tinubu’s decision to extend his stay abroad means he will not personally attend the opening of the high-level segment of the UN General Assembly in New York. Shettima, who departed Abuja on September 20, is representing the President at the global gathering and will present Nigeria’s national statement.
The Presidency said the Vice President’s representation was part of the arrangements for Tinubu’s absence from the country.
With Shettima now in New York, the Secretary to the Government of the Federation, Senator George Akume, will continue to represent the President at some official functions.
The Presidency said Tinubu had also delegated the Vice President to represent him at official functions while he was away, while Akume had similarly stepped in at other engagements.
The President’s extended stay in Europe also comes amid increased political activities at home ahead of the 2027 general elections.
According to the Presidency, the Director-General of the Presidential Campaign Council, Senator Abubakar Yari, has been leading notable leaders of the ruling party in consultations with prominent traditional rulers across the country.
The consultations form part of ongoing political engagements as the administration moves towards the next electoral cycle.
The Presidency also reacted strongly to criticism over Tinubu’s decision not to attend the UN General Assembly personally.
It described as irresponsible what it called a “baseless insinuation” by former Vice President Atiku Abubakar and a United States-based lobbying firm headed by an ex-convict regarding the President’s non-attendance at the global gathering.
The Presidency maintained that Nigeria would be adequately represented by Shettima, who will deliver the country’s national statement.
Tinubu’s latest trip began as an official working vacation, during which the President combined his leave with selected diplomatic, business and governmental engagements.
His meeting with Macron in Paris provided an opportunity for discussions on bilateral relations, while his engagement with Bolloré focused on business and investment interests involving Nigeria.
Former Vice President Atiku Abubakar has urged President Bola Tinubu to take immediate steps to reduce the cost of petrol, saying Nigerians are struggling with the combined impact of high energy, transportation and food prices.
Atiku made the call on Friday in Abuja during a press briefing on fuel prices, palliatives and the rising cost of living. His comments came amid renewed concerns over the effect of higher petrol prices on households and businesses.
The African Democratic Congress (ADC) presidential candidate said the removal of petrol subsidy in May 2023 placed additional pressure on families, workers, farmers and businesses.
He said the effect of higher petrol prices was not limited to motorists, as increased transportation and logistics costs had also pushed up the prices of food and other essential goods.
“When government makes energy expensive, it makes life expensive,” Atiku said.
The former vice president recalled that he had previously called for government intervention to reduce petrol prices, but said Tinubu had dismissed the proposal as showing “serious ignorance” of governance and the economy.
Atiku questioned whether the Nigeria Labour Congress (NLC), petroleum marketers, manufacturers and ordinary Nigerians who had raised concerns about rising costs could all be described as ignorant.
“When workers, producers, marketers and ordinary families are all raising the alarm, government must listen,” he said.
He said the government should be prepared to review its policies when their consequences become difficult for citizens to bear, adding that rising production costs were putting further pressure on manufacturers while families were finding it harder to afford basic goods.
Atiku also argued that government revenue and GDP figures did not necessarily reflect the economic reality facing ordinary Nigerians.
“If government receives more Naira while the citizen’s naira buys less food, less fuel, less electricity and less transportation, then bigger government revenues mean little to the family struggling to survive,” he said.
The ADC candidate urged Tinubu to use the remaining eight months of his first term to reduce the burden on Nigerians and consider any measure capable of lowering petrol prices, even if the proposal came from a political opponent.
“What matters to me is that Nigerians pay less,” Atiku said. “A sensible idea does not become a bad idea because it came from your opponent.”
He also offered to make his policy framework available to the Tinubu administration, saying Nigerians should not have to wait for a new government before benefiting from policies that could provide relief.
“If you need the framework, I will provide it. Implement it under your government. Give it whatever name you choose. Take the credit,” he said.
“I ask for only one thing: Let Nigerians breathe.”
