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Judgement Day: All the issues at stake as presidential tribunal delivers verdict

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Finally, the D-day is upon us! The five-member panel of the presidential election petition tribunal will either set a record or follow the trend.

Since the return of democracy in 1999, no court has ever overturned a presidential election in Nigeria. The winner declared by the Independent National Electoral Commission (INEC) usually triumphs at the tribunal; and even when the case gets to the supreme court, nothing changes.

The presidential tribunal is set to deliver its verdict in a few hours. Some Nigerians are hoping that something different happens, while some pray that luck shines on their preferred candidate

Unlike in the past, the proceedings of the 2023 presidential election petition tribunal have generated a lot of talking points from the inception to the end.

One man — Ahmed Bola Tinubu — has been at the centre of the legal battle at the tribunal. After he was declared the winner of the February 25 presidential election by INEC, opposition parties rejected the outcome of the election.

Atiku Abubakar, candidate of the Peoples Democratic Party (PDP), and Peter Obi, his Labour Party (LP) counterpart, approached the tribunal to challenge Tinubu’s victory.

In a few hours, the tribunal will rule on certain issues that form the pillars of the petitions.

25% IN FCT

One major issue that has generated a lot of talking points since the announcement of the presidential election results is the 25 per cent debate as it relates to the federal capital territory (FCT), Nigeria’s capital.

Tinubu failed to secure 25 per cent of the total votes cast in the FCT — a development that has elicited varied reactions.

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According to results declared by INEC, Obi scored the highest votes with 281,717, Tinubu got 90,902 votes, while Atiku came a distant third with 74,199 votes. With the results, only the LP candidate garnered 25 per cent of the votes cast in the FCT.

Both Atiku and Obi had argued that since Tinubu failed to secure 25 per cent of the votes in FCT, he should not be declared the winner of the election.

Their argument is hinged on the provision of section 134 (2) of the 1999 constitution (as amended).

Section 134 (2) says: “A candidate for an election to the office of President shall be deemed to have been duly elected where, there being more than two candidates for the election: (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”

However, Tinubu’s legal team argued that the FCT has no special status in Nigeria’s electoral process.

The presidential tribunal will definitely provide answers to the raging debate of 25 per cent votes in FCT.

‘MANIPULATION OF RESULTS, OVERVOTING’

A woman casting her votes at a polling unit

The tribunal will also determine whether the petitioners — Atiku and Obi — provided enough evidence to support their claims of alleged manipulation, overvoting, suppression of votes, mutilations, cancellations and overwriting on result sheets, and manipulation of BVAS machines, among other alleged infractions.

The five-member panel will also decide whether the alleged infractions cited by the petitioners are enough to overturn Tinubu’s victory.

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The petitioners had raised a number of issues on the conduct of the election by the umpire.

DELAY IN ELECTRONIC TRANSMISSION OF RESULTS

INEC ad hoc
An electoral officer with BVAS machine

In the build-up to the 2023 election, INEC promised Nigerians that results at polling units will be immediately uploaded to its resulting viewing portal (IReV)

However, during the presidential election, the commission failed to instantly upload results to IReV.

Owing to the incident, petitioners asked the tribunal to decide whether INEC complied with the provisions of the Electoral Act of 2022 and its guidelines on the electronic transmission of election results.

ALLEGED DOUBLE NOMINATION

Shettima

The nomination of Kashim Shettima as Tinubu’s running mate is also one of the issues at stake at the presidential tribunal.

Petitioners alleged that Shettima was still the APC’s candidate for Borno central senatorial district when he accepted the nomination to be Tinubu’s running mate.

But APC argued that the vice-president had resigned as the party’s senatorial candidate before the presidential primary.

In May, the supreme court ruled that Shettima was not guilty of double nomination.

ALLEGED PERJURY ON AGE, DUAL CITIZENSHIP

Tinubu

Prior to the February 25 election, the exact age of Tinubu was a controversial issue. But Tinubu said his record is consistent.

At the presidential tribunal, petitioners argued that the alleged inconsistency in Tinubu’s age made him unqualified to contest for the position of president.

Another issue was the debate on dual citizenship. Tinubu was said to have voluntarily acquired the citizenship of the Republic of Guinea.

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Petitioners had tendered a document purported to be Tinubu’s Guinean passport to support the claim of dual citizenship.

Petitioners had also argued that the declaration of Tinubu as the winner of the presidential election was invalid because of his alleged dual citizenship.

‘FORGED CERTIFICATE’

The authenticity of Tinubu’s academic records is another issue that will be determined by the tribunal.

Tinubu’s credentials showed that he graduated from Chicago State University (CSU) in 1979 with a bachelor’s degree in business administration, accounting and management.

However, there have been allegations bordering on discrepancies with Tinubu’s certificate. At the tribunal, petitioners raised issues on alleged discrepancies in the certificate.

Recently, Atiku approached a US court for the northern district of Illinois in Chicago for an order compelling CSU to release Tinubu’s academic records.

ALLEGED DRUG CONVICTION

This is arguably the biggest issue at stake at the presidential election tribunal. Many Nigerians are keen to know the verdict of the tribunal on the issue.

At every point in Tinubu’s political journey, the issue of an alleged drug conviction involving the former Lagos governor in the United States has always resurfaced.

The petitioners said the alleged forfeiture of $460,000 by Tinubu as a fine for narcotics trafficking imposed by a US court on the president in 1993 makes him unqualified to contest for the election.

The forfeiture case has elicited reactions on whether forfeiture is the same thing as conviction.

The tribunal will definitely provide answers to the issue of whether the forfeiture of the funds amounts to a criminal conviction for drug trafficking.

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Politics

2027: Peter Obi not a threat to Tinubu, says Sunday Dare

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Sunday Dare, special adviser to President Bola Tinubu on media and public communications, has dismissed talks that the presidential candidate of the Nigeria Democratic Congress (NDC), Peter Obi, poses a political threat to the Tinubu administration, insisting that the government remains focused on delivering on its mandate.

Dare,  while speaking during an interview on the Mic On Podcast, said the administration was confident in its achievements and ongoing reforms, arguing that its performance had strengthened its political standing ahead of the 2027 general elections.

According to him, the government has carefully assessed the country’s challenges and is implementing policies aimed at addressing them.

“This government is not afraid of Peter Obi. He is not a nightmare to our government. Maybe before, Peter Obi was a threat, but right now, he is no threat because we stand on the solid ground of performance,” Dare said.

He added, “We have been able to interrogate the problems of this country. Decisions are being taken, policies are being unfolded across the country, and we have a scorecard to show.”

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Dare also criticised Obi’s public comments and media appearances, describing some of his responses to questions as lacking clarity.

“Peter Obi is not a nightmare. Maybe you replace nightmare with nuisance because if you see some of his reactions, they are very pedantic. Sometimes you wonder. You listen to some of his interviews, ask him a question, and he goes in a roundabout direction that does not make sense,” he said.

Commenting on the 2027 presidential election, Dare expressed confidence that Obi would not replicate his performance in Lagos, where the former Labour Party presidential candidate defeated Tinubu during the 2023 presidential election.

“Peter Obi defeated President Tinubu in Lagos in 2023. This is 2027; he can’t defeat Tinubu again in Lagos,” he said.

Dare’s remarks come amid increasing political positioning by major parties and key opposition figures ahead of the 2027 general elections, with both the ruling All Progressives Congress (APC) and opposition leaders intensifying public engagements over their records and electoral prospects.

See also  I’m happy Tinubu is elected president in my lifetime — he is the man for the job - IBB

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Court orders INEC to deregister ADC, four other political parties

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A federal high court in Abuja, the federal capital territory (FCT) has ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC) and four other political parties.

The other political parties are the Action Peoples Party (APP), Action Alliance (AA), Accord Party (AP), and Zenith Labour Party (ZLP).

The plaintiff had asked the court to determine whether INEC is constitutionally required to deregister political parties that fail to satisfy the performance thresholds stipulated in section 225A of the 1999 Constitution, as amended.

The group argued that the five parties had consistently failed to meet the conditions for retaining their registration, including securing at least 25 percent of votes in a state during a presidential election or winning elective positions at the national, state, or local government levels.

According to the plaintiff, the parties failed to achieve the required electoral performance in the 2023 general election and subsequent by-elections conducted by INEC.

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The former lawmakers contended that allowing the parties to remain registered despite their poor electoral showing was contrary to constitutional provisions and detrimental to the integrity of the electoral process.

They prayed the court to compel INEC to deregister the parties before preparations for the 2027 general election gather momentum.

The plaintiffs also sought orders restraining the affected parties from participating in elections, conducting primaries, organising rallies, or carrying out other political activities pending compliance with constitutional requirements.

In his judgment, Peter Lifu, the presiding judge, upheld the arguments of the plaintiff and ordered INEC to deregister the five political parties.

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‘Learn from LP crisis’ — Abure warns Seriake Dickson to beware of Obi and his supporters

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The factional national chairman of the Labour Party (LP), Julius Abure, has warned Seriake Dickson, national leader of the Nigeria Democratic Congress (NDC), to be cautious in his alliance with Peter Obi and his supporters.

Obi, the presidential candidate of the labour party in the 2023 general election, is the presidential candidate of the NDC. He secured the party’s ticket on May 30 after he was ratified at its national convention held in Abuja.

Speaking in a statement he personally signed, Abure said Dickson appeared to have learnt from the recent crisis in the LP, describing the NDC leader’s alleged refusal to concede all elective positions in the party to Obi’s supporters as commendable.

The LP factional chairman, alleged that Obi and Alex Otti, governor of Abia, and many of their supporters who won elections on the platform of the LP in 2023 have since turned against the party’s leadership.

He stated: “They say, history usually repeats itself. Senator Dickson and Co have seen their trajectory and learnt from what happened to us, that a lot of them after they have won and now in government turned round and were struggling with the leadership of the party,” the statement reads.

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“I want to say that Obi and his followers are ingrates who will never remember the sacrifices you made for them. It is even dangerous for the leadership of the NDC to wholly hand over the elective positions to Obi and his followers.

“We did it in 2022/23, immediately they saw that Obi was interested in the leadership of the party, all those elected under the platform of the party simply followed Obi, forgetting all the sacrifices and suffering we made for them.”

Abure claimed that the crisis in the LP worsened when the Independent National Electoral Commission (INEC) obeyed a court ruling which said the tenure of the party’s leadership had lapsed, giving rise to the Nenadi Usman-led interim national committee.

“They fell into the trap of INEC, when the commission deceived them to say that the tenure of the executive has expired. We had expected them to reject that position,” Abure said.

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He noted in the light of what transpired in the LP, “it is strategically” important for Dickson to retain some control within the NDC by ensuring that his own supporters occupied positions in the party.

“He needed to bring his own people so that when the chips are down, he will also have people that will speak and defend him,” Abure said.

Abure further claimed that Obi’s supporters joined the NDC to dominate the party’s structure as they allegedly did in the LP.

“They trooped into NDC with Obi hoping to occupy every space like they did in the Labour Party. No leader of any political party seeing what Obi did to the Labour Party, along with his followers will make that mistake again,” he said.

He noted that his comments were prompted by questions about how the LP managed Obi and his supporters during the 2022/2023 election cycle.

According to him, the party made significant sacrifices to accommodate Obi’s interests, including granting many tickets to his supporters free of charge.

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“We ensured that Obi’s interests were adequately taken care of. We only looked at his body language, and we obliged most of his supporters’ tickets,” he said.

“Most of the tickets were for free believing that we were investing in those persons in line with the philosophy of the party, expecting that when they win, they will bring along necessary support that will help in the growth of the party.

“But ironically, when they came into power, they went after the leadership of the party.”

Abure also accused Obi and Otti of attempting to take over the party’s leadership following disputes over the tenure of its executives.

“The leaders, particularly, Peter Obi and Alex Otti decided to take over the leadership of the party,” he said.

He added that elected officials who emerged on the party’s platform failed to support it financially, urging the NDC to learn from the LP’s experience.

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