In a pivotal development on the Nigerian political landscape, the Presidential Election Petition Court (PEPC) delivered its verdict on September 6, 2023, firmly affirming President Bola Tinubu’s election victory. This landmark judgement, rendered in Abuja, Nigeria, has reverberated across the nation, underscoring its significance in the ongoing discourse surrounding the country’s democratic processes.
The presidential election held in February 2023 was a highly contentious event that set the stage for the recent PEPC verdict. The election featured two key opposition candidates, Atiku Abubakar of the Peoples Democratic Party (PDP) and Peter Obi of the Labour Party.
During the election, allegations and petitions emerged from the opposition, adding complexity to an already intense political environment. These petitions raised concerns such as vote fraud and challenges to President Bola Tinubu’s eligibility to run as a candidate.
The outcome of this election became not only a matter of political significance but also a critical test of Nigeria’s democratic institutions.
The PEPC Verdict
In a decisive ruling, the tribunal dismissed Obi’s claim challenging the legitimacy of the February 25 election, citing a lack of solid proof and specificity regarding alleged electoral irregularities. Obi and the LP failed to provide concrete evidence for their claims that the election was rigged in 18,088 voting units across the country. The tribunal also rejected Obi’s assertion that the Independent National Electoral Commission (INEC) recorded fraudulent results for President Tinubu and the APC, deeming it unproven. Furthermore, the tribunal found that Obi could not substantiate accusations of fraud and narcotics charges against Tinubu, asserting that the forfeiture order was civil, not criminal.
Similar to this, the tribunal dismissed several claims made by Atiku regarding irregularities and malpractices in the election in the case he brought. Atiku’s claims lacked specificity in terms of vote box snatching locations, BVAS machine manipulation methods, and polling booths where alleged malpractices occurred. The tribunal also noted that Atiku failed to provide concrete figures to support his claim of receiving the majority of legitimate votes, and his allegations of over-voting across Nigeria were invalidated as they did not specify locations.
Overall, the tribunal’s rulings reinforced the legitimacy of President Tinubu’s election victory, as they found the petitions by Obi and Atiku to be lacking in merit due to insufficient evidence and specificity in their claims. These decisions upheld the integrity of the electoral process and the election’s outcome.
Reactions from Opposition Candidates
In the wake of the PEPC’s resounding verdict affirming President Bola Tinubu’s election victory, the reactions of the opposition candidates, Atiku Abubakar and Peter Obi, were notably steadfast. Both candidates expressed their unwavering commitment to challenging the court’s decision through legal avenues.
Atiku Abubakar, representing the Peoples Democratic Party (PDP), made it clear that he refused to accept the judgement, asserting, “I refuse to accept the judgement because I believe that it is bereft of substantial justice.” He announced his intention to exercise his constitutionally guaranteed right of appeal to the Supreme Court, underscoring his determination to seek redress within the legal framework.
Similarly, Peter Obi voiced respect for the tribunal’s views while disagreeing with the verdict. He confirmed his intention, along with the Labour Party’s, to immediately appeal the decision. Obi stated, “Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country, whose mandate to us at the polls was regrettably truncated.”
The People’s Democratic Party (PDP), in response to the PEPC judgement, unequivocally rejected the court’s decision. In a statement signed by its national publicity secretary, Debo Ologunagba, the PDP criticised the judgement, stating that it was “against reason, against the facts and evidence presented in court, against the relevant electoral laws, guidelines, and regulations, as well as the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
The PDP expressed its intention to consult with legal experts and undertake a comprehensive review of the judgement. The party also outlined plans to determine its next steps within the legal framework. Despite the setback, the PDP remained committed to defending democracy and ensuring that the will of the people, as expressed in the February 25, 2023, presidential election, is respected and upheld.
The Labour Party’s perspective on the election is rooted in their unwavering belief in their presidential victory, despite the PEPC verdict. The National Chairman of the Labour Party, Comrade Julius Abure, expressed this conviction, stating, “We believe we won the February 25 presidential election.”
Despite the unfavourable judgement from the Presidential Election Petition Court (PEPC), the Labour Party remains resolute in its pursuit of justice. Comrade Julius Abure announced the party’s intention to seek Supreme Court intervention in the matter, emphasising their commitment to challenging the decision. He stated, “Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country, whose mandate to us at the polls was regrettably truncated.”
The Labour Party takes pride in its achievements in the 2023 general election. Comrade Julius Abure pointed out their significant successes, including securing a governorship position, 35 members of the House of Representatives, 8 distinguished Senators, and several House of Assembly members. These accomplishments have reshaped the political landscape in Nigeria, and the Labour Party remains grateful for the support of its members and well-meaning Nigerians who sought change for the country.
In the face of adversity, Comrade Julius Abure conveyed a message of encouragement to the party’s supporters and the wider public. Drawing inspiration from Nelson Mandela’s words in “A Long Walk To Freedom,” he urged his fellow Nigerians not to be discouraged. He emphasised their collective responsibility to work towards reclaiming the country and repositioning it for greatness. Despite the challenges ahead, Comrade Julius Abure and the Labour Party are determined to press forward, stating, “We have put our hands on the plough, and we will not look back.”
APC’s Reaction to Presidential Tribunal Verdict
The All Progressives Congress (APC), Nigeria’s ruling party, responded to the PEPC verdict with unwavering positivity and hailed it as a resounding victory for democracy. In a statement released shortly after the tribunal’s decision, the APC expressed its profound satisfaction with the outcome.
In their statement, the APC referred to the judgement as an “undiluted victory for democracy.” This choice of words underscored the party’s belief that the tribunal’s decision not only validated the electoral process but also upheld the fundamental principles of democracy. The APC’s use of the term “undiluted” emphasised the purity and legitimacy of President Bola Tinubu’s election victory.
The APC also applauded the Presidential Election Petition Tribunal for its role in upholding President Tinubu’s popular mandate from the Nigerian electorate. The party acknowledged the significance of the tribunal’s verdict in affirming the will of the people, as expressed through their votes in the February presidential election.
Civil Society’s Perspective
The Nigeria Civil Society Situation Room has voiced its concerns regarding the recent judgement by the Presidential Election Petition Court (PEPC) affirming President Bola Tinubu’s election victory. They have criticised the judgement, and their perspective sheds light on critical issues in Nigeria’s electoral landscape.
In a statement released by the Situation Room, they expressed their reservations about the PEPC judgement:
“Situation Room is concerned that the judgement may have raised questions regarding the gains made with the passage of the Electoral Act 2022, particularly reforms that introduce technology in elections and require INEC to issue guidelines for the elections and implement it.”
The Situation Room highlights the significance of the Electoral Act of 2022, which was celebrated for its progressive provisions, including the use of technology to enhance transparency in elections. However, they argue that the PEPC judgement, by its implications, may undermine these gains. This concern underscores the importance of maintaining and even strengthening electoral reforms that promote transparency, fairness, and accountability.
Moreover, the Situation Room underscores the importance of transparency and accountability in election administration:
“It is also important to add that public funds were appropriated by the National Assembly and invested in these technological innovations, which were developed and publicised by INEC.”
Their emphasis on public funds invested in these innovations underscores the need for accountability in the implementation of electoral reforms. Transparent utilisation of public resources in the electoral process is crucial for maintaining the integrity of elections and ensuring that the will of the people is upheld.
The Nigeria Civil Society Situation Room’s perspective on the PEPC judgement highlights concerns about potential setbacks to electoral reforms. It emphasises the paramount importance of transparency, accountability, and adherence to the Electoral Act of 2022 in election administration.
“Inevitability of the Tribunal Judgement” by Akin Osuntokun
Akin Osuntokun’s op-ed, titled “Inevitability of the Tribunal Judgement,” offers a comprehensive analysis of the role of the judiciary in presidential elections in Nigeria, the controversy surrounding Justice Mary Odili’s remarks, and the need for systemic reforms, including a return to federalism.
The op-ed starts by addressing the controversy that Justice Mary Odili’s remarks sparked. Osuntokun highlights the significance of her statements, which were delivered at an event honouring a lawyer:
“Her speech at a ceremony in honour of a lawyer, Mr. J.K Gadzama, was a study in the chauvinistic triumphalist celebration of a judicial victory in view and was remarkably badly written and poorly delivered.”
Osuntokun then transitions to discussing Nigeria’s political crisis and the role of the judiciary within it. He argues that the systemic crisis affecting Nigeria, including corruption and political strife, has not spared the judiciary:
“My default position is to patiently explain that Nigeria is in a systemic crisis in which none of the indwellers of the system is immune to catching the pathogen of the crisis.”
Finally, Osuntokun advocates for systemic reforms as a solution to Nigeria’s political crisis, with a particular emphasis on a return to federalism:
“The policy prescription of the adoption of the systemic crisis perspective to the Nigerian crisis is the holistic constitutional review towards the restoration of federalism.”
INEC’s Role and Trust Issues
The role of the Independent National Electoral Commission (INEC) in any election is pivotal, and the 2023 presidential election was no exception. INEC had promised a significant technological leap forward with the introduction of electronic result transmission, a move aimed at enhancing transparency and efficiency in the electoral process.
However, reality fell short of these promises, leading to a considerable erosion of trust in INEC’s ability to fulfil its guidelines. INEC had assured the public that it would use technology to transmit election results in real-time, a commitment that raised hopes for a more accountable and fair electoral system.
Despite these assurances, the failure to implement electronic result transmission left many disillusioned. The gap between promise and performance undermined the credibility of the electoral body. This failure was particularly impactful given the high expectations associated with the reforms introduced through the Electoral Act of 2022.
The result was a growing sense of mistrust in INEC’s capacity to deliver on its commitments, and questions were raised about the agency’s ability to oversee future elections. Trust is a cornerstone of any democratic process, and INEC’s inability to fulfil its guidelines significantly damaged that trust.
As Nigeria navigates its democratic journey, rebuilding trust in INEC and ensuring the fulfilment of promises made in electoral reforms will be crucial to preserving the integrity of future elections.
Legal Expert’s Critique: Adegboruwa
Ebun-Olu Adegboruwa, a legal eminence, has offered a critical analysis of the most recent ruling by the presidential election tribunal, highlighting important issues and missed chances for electoral reforms.
Adegboruwa discussed his opinions of the tribunal’s ruling, concentrating on how it might affect the election. He said that, considering changes to electoral laws about electronic voting, the tribunal’s ruling missed a chance to catalyse electoral reforms.
Adegboruwa also voiced reservations about the Independent National Electoral Commission’s (INEC) participation in the election. He emphasised INEC’s failure to keep its word and proposed that INEC shoulder the burden of proving its dedication to fair and transparent elections, shifting the onus of proof onto the electoral commission.
A turning point in Nigerian politics amid challenges and debate
Against the backdrop of ongoing challenges and divergent perspectives, the PEPC verdict emerges as an undeniably watershed moment in Nigeria’s political narrative. While it has been hailed as vindication for President Bola Tinubu, it must be seen in the context of Nigeria’s convoluted electoral system.
The PEPC verdict, while definitive, is not without detractors and unanswered questions; this must be recognised. The end of this electoral saga has yet to be written as President Tinubu’s opponents, Atiku Abubakar and Peter Obi, prepare to take their case to the Supreme Court. This impending legal battle not only highlights the inherent uncertainties that can accompany such processes but also emphasises the enduring role of the judiciary as the ultimate arbiter of electoral disputes.
In addition, the Nigeria Civil Society Situation Room has voiced valid concerns about the judgment’s potential effect on recent electoral reforms. Since the election, INEC’s role and capabilities have been reevaluated due to the increased scrutiny it has received. This is especially true regarding the electronic transmission of election results.
Akin Osuntokun, in critically examining the role of the judiciary in presidential elections, highlights the need for systemic reforms and, perhaps, a reevaluation of Nigeria’s federal structure amid the controversies and debates that typically accompany political events of this magnitude.
Many people would agree with Ebun-Olu Adegboruwa’s criticisms, as they hope that this case will serve as an impetus for broader electoral reforms and not just a verdict. His perspective highlights the importance of the judiciary in bringing about these changes and also highlights the larger difficulties of preserving public faith in the electoral process.
In the main, the PEPC judgement is a turning point in Nigeria’s democratic journey that has been met with joy and debate. As the case makes its way to the Supreme Court, Nigerians can expect to hear more legal arguments and, perhaps, a re-evaluation of voting procedures. It highlights that the fight for electoral fairness and transparency is an ongoing process and that democratic ideals in Nigeria are adapting to the nuances of the country’s political climate.
