PDP Governors Withdraw Suit Against Tinubu’s Presidential Victory From Supreme Court

By Adesina Soyooye

It was going to be a first of its kind in the history of Presidential Elections in Nigeria.

Nigerians are used to Political Parties or Presidential Candidates filing suits challenging the victory of the eventual winner. But never have States from same Party filed a Suit at the Supreme Court asking for the cancellation of the Presidential election won by the Candidate of another Part.

In the unprecedented Suit, seven Governors of the opposition Peoples Democratic Party, PDP, whose Presidential Candidate, Atiku Abubakar, lost to the Candidate of the All Progressives Congress, APC, Bola Tinubu, asked  the Supreme Court to cancel the election which produced Tinubu as the President-elect. The Defendant: The Attorney General of the Federation.

The States which filed the suit through their Attorneys General are Adamawa, Akwa Ibom, Bayelsa, Delta, Edo  Sokoto and Taraba. The defendant: The Attorney General of the Federation.

In the released results, their Party, the PDP, won five of the States, while the Labour Party won two – Delta and Edo States.

However, for reasons yet to be made public, the seven States suddenly withdrew the suit from the Supreme Court.

In a notice, on Friday, which announced the discontinuation of the suit, their Counsel, Mike Ozekhome, said: “Take notice that the Plaintiffs do hereby, wholly, discontinue this suit against the defendants herein.”

The seven States had dragged the Federal Government before the Supreme Court asking cancellation of the Presidential and National Assembly elections.

It was filed pursuant to section 6 (6)14(3)153(2) and 252 of the 1999 Constitution and inherent jurisdiction of the Apex Court.

In filing the suit, they were asking the Supreme Court to invoke relevant provisions of Nigeria’s law to cancel the election over a multitude of  alleged breaches and malpractices.

They sought from the SC to void the declaration of  Tinubu, as president-elect.

The Governors sought “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; 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 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.

“A declaration that the failure of the Federal Government of Nigeria, the Independent National Electoral Commission 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 in collusion, violates 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 asked for an order of the apex court “directing a holistic review of all results so far announced by the Federal Government of Nigeria through INEC which were carried out other than through the manner 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.

“And for such further Orders as the Honourable Court may deem fit to make in the circumstance.”

No date had been fixed for the hearing of the suit before it was withdrawn.

However, both Atiku and Peter Obi, the Presidential candidates of the PDP and Labour Party who came second and third respectively are in Court already seeking for the withdrawal of the Certificate of Return from Tinubu.