2023 Presidential Election and Unfolding Drama at the Tribunal By Kabir Akintayo and Gift Moses
POLITICS DIGEST- Since the advent of the Fourth Republic, Nigeria’s presidential elections have never been controversy-free. When Chief Olusegun Obasanjo was declared winner of the 1999 presidential election, his main rival, Chief Olu Falae challenged the process, claiming that the result was altered while he was ‘asleep’, at night.
He filed a petition at the Appeal Court, but was struck out due to technicalities. In 2003, former president Muhammadu Buhari challenged Obasanjo’s re-election. His suit, however was dismissed by the Supreme Court.
Buhari went further to opposed late President Umaru Musa Yar’Adua’s election in 2007, and that of former President Goodluck Jonathan in 2011, before winning the 2015 poll, which Jonathan conceded.
Four years after, Buhari’s re-election was also challenged by Atiku Abubakar, after the Peoples Democratic Party, PDP, claimed that the election was marred by irregularities, violence, and rigging.
On September 11, 2019, the presidential election tribunal dismissed Atiku’s petition and upheld Buhari’s victory.
Unlike others, the 2023 Presidential Election Petition Court (PEPC) has witnessed more intrigues, with various political parties accusing one another of intimidation, harassment, abuses, and using the media to propagate their ‘clandestine’ agenda.
The Labour Party (LP) presidential candidate, Peter Obi, is challenging the process that brought in Bola Ahmed Tinubu as the President of the Federal Republic of Nigeria.
According to Obi, Tinubu should be disqualified from contesting the election over alleged drug trafficking crime and the forfeiture of $460, 000 to the United States.
The party further said that the court should also take into consideration the 25% mandatory score in the Federal Capital Territory, which he, Tinubu, did not secure.
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While the Peoples Democratic Party (PDP) in its petition filed on 21st of March, asked the PEPC, to either declare him the winner of the 25 February election or nullify the election and order a rerun. Atiku noted that Tinubu was not duly elected by a majority of lawful votes cast.
Meanwhile, during the defense of the 25% votes in the FCT, APC lead council, Wole Olanipekun, SAN, maintained that, “There is no punctuation (comma) in the entire Section 134(2)(b) of the Constitution, particularly, immediately after the ‘states and the succeeding ‘and’ connecting the Federal Capital Territory with the states.
“Pressed further by this constitutional imperative, the Federal Capital Territory, Abuja, is taken as if it is the 37 states, under and by virtue of Section 299 of the Constitution.
“With much respect, any other interpretation different from this will lead to absurdity, chaos, anarchy and alteration of the very intention of the legislature”.
In essence, Olanipekun only argued that if someone wins 25% in 24 states out of 36 states, but couldn’t get 25% in the FCT, the disqualification of such candidate can lead to unrest. This is because, majority of the voters will perhaps feel cheated.
On its part, the PDP accusing the ruling party of intimidating the judiciary over the outcome of the presidential election in the FCT.
PD, said that “The statement by the lawyers in the said written address threatening crisis and anarchy in the country in the event of the Court ruling that their clients did not meet the Constitutionally required 25% votes in the Federal Capital Territory (FCT) is subversive, an affront to Democratic Order and assault on the corporate existence of the nation”.
The LP also wants Tinubu to be disqualified and another election between Peter Obi and Atiku Abubakar organized. As things, stand both Obi and Atiku should know that since 1999, no election tribunal has upturned any presidential election or ordered a re-run. Else, they should just be preparing to deal with the reality of Tinubu’s presidency in the next four years.