The eagerly anticipated judgment day has arrived, casting a cloud of tension and anxiety across Nigeria. In a significant development, the Presidential Election Petition Tribunal (PEPT) has announced a date for delivering its judgment on the petitions challenging the outcome of the 2023 presidential election.
Adding to the intrigue, the PEPT has declared that the judgment delivery will be broadcast live.
Notably, President Bola Tinubu is scheduled to travel to New Delhi, India, for the G-20 Summit, as disclosed in a statement issued by the Presidency on Sunday, September 3.
This means that he won’t be in the country when the tribunal determines the fate of his victory, which is being contested by Atiku Abubakar of the Peoples Democratic Party (PDP), Peter Obi of the Labour Party (LP), and the Allied Peoples Movement (APM). Each of them filed separate petitions to challenge the outcome declared by the Independent National Electoral Commission (INEC) following the presidential poll on February 25.
It’s worth noting that the coincidence of the tribunal scheduling its judgment on a day when the President is abroad has not gone unnoticed. Nigerians are awaiting the decision of the Justice Haruna Tsammani-led panel with great anticipation.
The 2023 presidential election was among the most fiercely contested and disputed in Nigeria’s democratic history since the return to civilian rule in 1999. As the tribunal prepares to announce its verdict today, Wednesday, tensions have risen throughout the country.
On Monday, September 4, the same day when the tribunal disclosed its judgment date, the Department of State Services (DSS) released a statement revealing that it had uncovered plans by certain elements in various regions of the country to organize violent protests aimed at discrediting the Federal Government.
While the DSS did not explicitly link this alleged plot to the tribunal’s judgment, the language used in the statement bore similarities to an earlier one released by the agency, which warned of plans by certain politicians to establish an interim government after the 2023 general elections, just before former President Muhammadu Buhari handed over power to Tinubu on May 29.
“Intelligence reports have indicated that the plotters include certain politicians who are desperately mobilising unsuspecting student leaders, ethnic-based associations, youth, and disgruntled groups for the planned action.
“The Service has identified the ring leaders of the plot as well as sustained monitoring around them in order to deter them from plunging the country into anarchy,” the DSS said in the statement released on Monday, September 4.
Before his departure for India, Tinubu presided over a National Security Council meeting at the State House in Abuja. Although the specifics of the meeting were not disclosed publicly, many Nigerians speculate that it might be related to the mounting tensions surrounding the impending tribunal judgment.
Contrary to the escalating tension, the Presidency asserted that the President remains unfazed by the tribunal’s impending decision. Ajuri Ngelale, Special Adviser to the President on Media and Publicity, conveyed this message during his appearance on Channels Television’s Politics Today program on Monday evening.
“He’s not worried simply because he knows he won the election,” Ngelale said.
But, in a veiled reference to the controversial ‘All Eyes on the Judiciary’ billboards erected by some Nigerians ahead of the tribunal’s verdict, the presidential spokesperson added, “The President sees no need to threaten judicial officers. He sees no need to raise speculations against the integrity of judicial officers; he believes in the sanctity and integrity of the Nigerian judicial system, he believes the great men and women on the panel will make their decisions based only on the facts before them.”
According to Ngelale, “He (Tinubu) will continue to ensure that no matter what the outcome of the judgement is, he does his part and ensure that our institutions continue to be respected, not just by him, but all actors.”
However, the Labour Party immediately countered the Presidency’s assertion that Tinubu won the election.
When contacted by DAILY POST on Tuesday, September 5, spokesperson of the Labour Party, Obiora Ifoh expressed confidence that the judgement will go the way of the party and its presidential candidate, Obi.
“We are positive that the judgement will favour the Labour Party and our presidential candidate, Peter Obi. We are also positive that the will of the people will prevail.
“Most Nigerians have waited this long and their wishes will be granted. The mandate freely expressed on February 25 will be returned to the rightful winner of the election,” Ifoh said in a message he sent to DAILY POST on Whatsapp.
PDP spokesperson, Debo Ologunagba, could not be reached for comments on Tuesday. Calls to his phone were not answered. He also did not reply to an SMS sent to him by DAILY POST.
The Presidential Election Petition Tribunal (PEPT) has reserved judgment since August 1, following the adoption of final written addresses by all parties involved. According to the Independent National Electoral Commission (INEC), Bola Tinubu of the APC won the presidential election with 8,794,726 votes. Atiku Abubakar of the PDP came second with 6,984,520 votes, and Peter Obi of the LP finished third with 6,101,533 votes.
Tinubu secured victory in 12 states, just like Atiku, while Obi won 11 states along with the Federal Capital Territory (FCT). However, an issue to be decided by the tribunal is Tinubu’s eligibility for the presidency, given that he failed to obtain at least 25 percent of the votes in the FCT.
Atiku, Obi, and the APM have requested that the tribunal nullify the 2023 presidential election. Atiku, represented by lead counsel Chris Uche, SAN, argued that Tinubu was not qualified to contest the election due to a United States court ruling that ordered him to forfeit $460,000 for drug and money laundering-related offenses. He also urged the tribunal to nullify the election and call for a fresh one, alleging that INEC failed to electronically transmit the results, in contravention of the amended Electoral Act.
Obi, in his petition, raised concerns about Tinubu’s alleged drug trafficking offense in the US and his failure to obtain 25 percent of the votes in the FCT. Obi’s legal team argued that Tinubu should not have been declared president because of these issues. They also claimed that the votes for Tinubu should be invalidated due to the simultaneous nomination of Kashim Shettima as the APC candidate for Borno Central Senatorial District and the party’s vice-presidential candidate, which violated the Electoral Act.
The LP candidate contended that INEC’s claim of technical glitches causing the failure to upload results on the INEC Result Viewing portal was an act of sabotage to influence the election outcome. Obi asked the tribunal to cancel the election and order a fresh one or declare him the President-elect and issue him a certificate of return.
The APM argued that Tinubu’s candidacy was invalidated by the withdrawal of Ibrahim Masari, who was initially nominated as the vice-presidential candidate of the APC. They urged the tribunal to declare that Shettima was not qualified to contest as the vice-presidential candidate of the APC as of February 25 when the election took place. The APM requested the tribunal to nullify all the votes Tinubu received and set aside his Certificate of Return.
Tinubu, the APC, and INEC have asked the tribunal to dismiss the petitions. Fagbemi, SAN, argued that Tinubu’s forfeiture of $460,000 in the US was a civil matter and should not disqualify him from the election. Olanipekun, SAN, argued that the FCT should be counted as the 37th state for electoral purposes, and the President’s failure to obtain 25 percent of the votes in the FCT should not invalidate his election.
INEC’s counsel, Mahmoud, SAN, disputed the petitioners’ claims that the failure to upload results on the INEC IReV portal affected the election outcome. He argued that the election was conducted in substantial compliance with the Electoral Act.
All eyes are on the judiciary as the tribunal prepares to deliver its verdict. Nigerians have various expectations for the judgment, with some emphasizing the need for a fair and just decision, while others express their anticipation for the outcome. Billboards with the inscription “All Eyes on the Judiciary” had appeared in different parts of the country but were later removed due to ARCON’s orders. However, the focus remains on the judiciary as the nation awaits the tribunal’s decision on this matter.
He said, “Nigerians are divided along political lines. Peoples’ expectations are largely based on their political affiliations.
“Supporters of the APC, PDP and LP are all clamouring that the judgement must be in their favour. But this is like a game of football, not all of them will carry the day. Somebody will come out victorious.
“But the judgement should be based on sound reasoning. Whatever decision they arrive at should be based on sound principles of law, not on technicalities. That is what every Nigerian should be expecting.
“Justice is not a one-way traffic. Justice must be done based on what the law says. The only advice for the judges of the tribunal is that their judgement should be based on justice, fairness and equity and on sound principles of law.”
Also speaking with DAILY POST, Secretary General of the Conference Of Nigeria Political Parties, CNPP, Willy Ezugwu, noted that the eyes of the whole world is on the tribunal.
“The world is watching, not only Nigerians. Everybody is watching the judiciary. We are watching to see what the tribunal will come up with, with all the evidence on the ground,” Ezugwu said.
He also advised against building the judgement on technicalities.
“They don’t have to arrive at the judgement on technicalities. Every person knows – no one can say they are not judges and for that reason, they are not able to decide. That is why Nigerians are crying, they are shouting, they are pronouncing that all eyes are on the judges,” he stated.