In a significant turn of events, the Presidential Election Petition Court (PEPT) is scheduled to deliver its judgment on Wednesday, September 6, 2023.
The eagerly awaited verdict will address petitions seeking to nullify the election of President Bola Tinubu in the 2023 presidential election.
Touchaheart Nigeria gives a comprehensive overview of the key developments and arguments presented by the parties involved in this legal battle.
The Petitions
Two prominent petitions were brought before the PEPT, marked as CA/PEPC/05/2023 and CA/PEPC/03/2023.
The first petition was filed by former Vice President and Peoples Democratic Party (PDP) candidate, Alhaji Atiku Abubakar, while the second was brought by the Labour Party (LP) candidate, Mr. Peter Obi.
Both petitions challenged the eligibility and conduct of the presidential election held on February 25, 2023.
Atiku and PDP’s Allegations
Atiku and the PDP, through their legal team led by Chief Chris Uche, SAN, argued that President Tinubu was not qualified to contest the presidential election.
They specifically contended that the Independent National Electoral Commission (INEC) failed to electronically transmit the results of the presidential election, despite substantial funds allocated for this purpose.
They presented evidence of INEC’s deliberate bypassing of technology, raising questions about the integrity of the election.
Additionally, they pointed to President Tinubu’s past legal issues, including forfeiture proceedings in the USA, as grounds for disqualification.
They urged the court to declare the election null and order a re-run or fresh contest.
Peter Obi’s Arguments
Peter Obi, represented by lawyer Mr. Livy Uzoukwu, SAN, emphasized the presence of blurred results and questionable documents in the election process.
He contended that over 18,088 blurred results were uploaded to INEC’s IReV portal, raising concerns about the fairness of the election.
Obi also pointed to President Tinubu’s alleged involvement in narcotic trafficking and money laundering, seeking disqualification based on Section 137 (1) (d) of the Constitution.
INEC and Respondents’ Defense
INEC, President Tinubu, Vice President Kashim Shettima, and the All Progressives Congress (APC), represented by their respective lawyers, defended the election’s validity.
INEC argued that the election was conducted in substantial compliance with the law and that the petitioners misunderstood the purpose of the technology introduced for the 2023 elections.
INEC’s legal team highlighted the use of the Bimodal Voter Accreditation System (BVAS) for voter authentication, stating that the technology functioned as intended.
They denied the use of an electronic collation system and argued that the technical glitch on election day did not facilitate manipulation.
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The Respondents’ Counterarguments
President Tinubu and Vice President Shettima, represented by Chief Wole Olanipekun, SAN, contended that the petitioners failed to meet the burden of proof required by the law.
They pointed to their significant share of votes in the Federal Capital Territory (FCT) and challenged Obi’s standing to challenge the election.
Furthermore, they argued that President Tinubu’s alleged past legal issues could not disqualify him due to the elapsed time since those cases were decided.
APM’s Petition
Another petition, filed by the Allied Peoples Movement (APM), questioned President Tinubu’s candidacy based on the withdrawal of Mr. Masari, initially nominated as the Vice-Presidential candidate of the APC.
APM argued that this withdrawal invalidated Tinubu’s candidacy as per Section 131(c) and 142 of the 1999 Constitution.
Presidency’s Response
In response to the pending judgment, the Presidency maintained President Tinubu’s confidence in the judiciary’s sanctity and integrity.
Presidential spokesman, Ajuri Ngelale, emphasized that President Tinubu was not worried and had no need to raise speculations ahead of the verdict.
What You Should Know
As the nation eagerly awaits the outcome of the Presidential Election Petition Court’s judgment on September 6, the legal battle between the petitioners and respondents highlights the critical issues surrounding the 2023 presidential election.
The decision will have far-reaching implications for Nigeria’s political landscape and its adherence to democratic processes.
The proceedings will also be open to live broadcast, ensuring transparency and accessibility for all concerned parties and the general public.
