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End Of Road For Atiku, Obi, As S’Court Affirms Tinubu’s Election …Dismisses PDP, LP’s Appeals

Published

1 year ago

October 27, 2023

The Supreme Court yesterday affirmed President Bola Tinubu of the All Progressives Congress (APC) as the valid winner of the presidential election that held in the country on February 25, 2023.
The apex court, in a unanimous decision by a seven-member panel of Justices, held that there was no merit in the petition that a former Vice President and candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, filed to nullify the outcome of the election.
The seven Justices also unanimously dismissed the appeal filed by the presidential candidate of the Labour Party, Peter Obi, for lack of merit.
The seven-member panel led by its chairman, Justice John Inyang Okoro, include Justices Uwani Aji, Mohammed Garba, Ibrahim Saulawa, Adamu Jauro, Abubakar Tijjani and Emmanuel Agim.
In its lead judgment that was prepared and read by Justice Okoro, the Supreme Court held that Atiku did not prove that the Independent National Electoral Commission (INEC), did not substantially comply with provisions of the Electoral Act, in the conduct of the election.
The apex court held that section 185(1) of the Evidence Act provided that an election should not be liable to be invalidated, when alleged non compliance did not substantially affect the outcome of an election.
It held that evidence contained in the record of the appeal showed that the Appellants abandoned the duty imposed on them by the law to not only prove the alleged non compliance, but to establish that the failure of INEC to transmit results of the election through its Result Viewing Portal (IReV) influenced the outcome of the presidential poll.
The Supreme Court said it had in past judgements, made it clear that there was a difference between election result collation system and the IReV portal.
It, therefore, ruled that the failure of the INEC to transmit the election results on the IReV Portal did not affect the outcome of the election.
“Where the IReV portal fails, it does not stop the collation which up till the last election was manually done,” the court held.
It further held that the unavailability of results on INEC’s IReV portal “for whatever reason, could not be the reason for an election to be nullified”.
Okoro said, “When IReV fails, it does not stop the collation of the results. It deprives people of viewing results. The non-function will affect the trust of the electorates in the election.
“Unavailability of IReV cannot be a ground for the election to be nullified.
“The failure did not affect the outcome of the election. The issue is resolved against the appellants.”
Nevertheless, it stressed that INEC’s failure to electronically transmit results of the election denied the electorates the opportunity to follow and cross-check results that were eventually uploaded.
“Truth must be told, the non transmission of results to the IReV portal may also reduce the confidence of the voting population in the electoral process,” the Supreme Court warned.
The apex court also described as misconceived and misplaced, Atiku’s contention that Tinubu ought not have been declared winner of the presidential election, having failed to secure 25% votes in the Federal Capital Territory, FCT, Abuja.
The apex court affirmed the position of the PEPC that the FCT does not have a status that is more special than that of the 36 States of the federation.
According to Justice Okoro, scoring 25% votes in the FCT, Abuja is not mandatory and cannot stop INEC from declaring a presidential candidate who scored the highest number of votes and 25 percent in two-thirds of the States, the winner of the election.
The presiding Justice asked, “Are you saying if someone scores 25% votes in 30 states but not in Abuja, he should not be president? Is that how you interpret the law?
“That is not the law. Supreme Court agrees with the Court of Appeal,” he added.
The apex court also supported the judgment of the tribunal for striking out witnesses of Atiku Abubakar’s testimonies on manipulation in the election, adding that most of the witnesses gave “inadmissible hearsay” evidence
Describing Atiku’s witnesses’ testimonies as “hearsay”, Okoro said, “A political party can’t appoint an octopus agent who will be at every polling unit on election day.
“Atiku’s agents can only testify in their polling units where they witnessed what they saw, but not across the country where they were not present.
“I adopt the decision of the lower court which is in line with a plethora of precedents. The witnesses’ testimonies were hearsay.
“The finding of the lower court in discountenancing the Atiku’s witnesses cannot be faulted.”
He added that “The Appellants did not present any evidence to warrant the interference of the findings of the lower court”.
On the issue that President Tinubu was involved in a drug related case in the USA that led to the forfeiture of $460, 000, the Supreme Court held that Tinubu raised the issue when the Respondents had already filed their process.
It held that the action denied the Respondents the right to fair hearing.
“The ruling of the lower court is unassailable and this court will not interfere,” it held.
The apex court also dismissed the the certificate forgery allegation pleaded against Tinubu by Atiku, saying the court cannot entertain fresh evidence that was not pleaded or presented at the Court of Appeal.
It also held that Atiku and PDP did not prove that they suffered any miscarriage of justice as a result of the dismissal of their petition by the Presidential Election Petition Court (PEPC).
The court held that whereas Atiku alleged that the result that was declared by INEC was not accurate, he, however, failed to put forward their perceived rightful result.
It held that the result announced by INEC was presumed as correct in the absence of “any rival or alternative result.”
“The figure before us shows that the 2nd Respondent won the highest number of votes and was duly declared winner.”
Consequently, the court, resolved all the issues that Atiku raised in his petition, against him.
“On the whole, having resolved all the issues against the Appellants, it is my view that there is no merit in this appeal and it is hereby dismissed.
“Judgement of the lower court delivered on September 6 is hereby affirmed. I shall make no order as to cost,” the Supreme Court held.
The Supreme Court also dismissed as lacking in merit, the appeal the candidate of the Labour Party, Mr. Peter Obi, filed to nullify President Bola Tinubu’s election.
Also in a unanimous decision by a seven-member panel of Justices, the apex court held that Obi’s appeal deserved to be dismissed.
In the lead judgement that was delivered by Justice Okoro, the court held that the issues Obi raised in his case were already decided in a separate appeal that was filed by the PDP candidate, Atiku.
Justice Okoro noted that the only distinct issue that Obi raised in his appeal, was the issue that the Vice President, Kashim Shettima, had double nominations from the APC.
The court held that it had earlier decided the issue on May 26, in an appeal marked: SC/CV/501/2023.
“This court cannot allow the matter to be relitigated in this court. There must be an end to litigation. This matter ought not to have come here.
“The appeal lacks merit and it is accordingly dismissed,” the apex court held.
It will be recalled that INEC had on March 1, announced that Tinubu of the ruling All Progressives Congress, APC, won the presidential contest, ahead of 17 other candidates that participated in the poll.
It declared that he garnered a total of 8,794,726 votes to defeat his two major rivals, Alhaji Atiku Abubakar of the PDP, who came second with a total of 6,984,520 votes, and Mr. Peter Obi of the Labour Party, who came third with a total of 6,101,533 votes.

By: Boye Salau

Featured

I Am One Of You, Sole Administrator Tells Rivers People …Warns Against Violence, Crude Oil Sabotage

Published

20 hours ago

March 21, 2025

The Tide

The Sole Administrator of Rivers State, Retired Vice Admiral Ibok-Ete Ibas (rtd), has assured residents that he is not in the State as a partisan actor or political competitor but as a stabilising force to restore governance and order.
In a state broadcast yesterday, Ibas, who assumed duty at Government House, Port Harcourt, emphasised his commitment to protecting civil liberties and ensuring the safety of all citizens.
However, he issued a stern warning against crude oil sabotage and violence, urging residents to resist any temptation to return to past hostilities.
“For decades, I have dedicated my life to the service of our great nation—first as the 20th indigenous Chief of Naval Staff and later as Nigeria’s High Commissioner to Ghana. I answered this call out of the need for peace in Nigeria, and most importantly, in Rivers State,” Ibas stated.
Describing the prolonged political impasse as a major setback to governance and democracy, he acknowledged the hardships faced by families and businesses due to the prevailing uncertainty.
“As a son of the Niger Delta, I am one of you. I feel the weight of this crisis on families, businesses, and the future of our people,” he said.
Ibas commended President Bola Tinubu’s decisive action in declaring a state of emergency in Rivers State, stressing that it was a necessary move to restore stability and revive economic activities.
“My mandate is clear: restore law and order, ensure stability, and create an enabling environment for economic growth. But this mission requires collective support from all stakeholders, regardless of political affiliation or ethnicity,” he stated.
He discouraged attacks on oil infrastructure, reminding residents of the devastating environmental and economic consequences of such actions.
“The Niger Delta has moved beyond the destruction of oil facilities. We must resist the temptation to return to those ugly days,” he cautioned.
While pledging to uphold civil liberties and the rule of law, the Sole Administrator warned that lawlessness and violence would not be tolerated.
“We will not act arbitrarily, but we will not hesitate to deal decisively with anyone who threatens the peace and stability of Rivers State,” he declared.
Ibas revealed that he had concluded a State Security Council meeting where strategic measures were outlined to de-escalate tensions and prevent further conflict.
Expressing gratitude to President Tinubu for entrusting him with the responsibility, he also acknowledged the National Assembly for approving the emergency declaration.
“I will work closely with the national leadership under the guidance of the President. I am optimistic that Rivers State will emerge stronger and greater,” he concluded.

Featured

Abuja Truck Explosion Death Toll Rises To 10 …As Another Truck Crashes On Same Spot

Published

23 hours ago

March 21, 2025

The Tide

The Federal Capital Territory Emergency Management Department has confirmed that 10 persons have died in the truck explosion that occurred near Karu bridge, along the Abuja-Keffi Expressway, on Wednesday.

The FEMD’s Head of Public Affairs, Nkechi Isa, confirmed the numbers in a statement, yesterday.

The Acting Director General of the Emergency Department, Abdulrahman Mohammed, had earlier confirmed that eight persons had died as of yesterday morning, with five confirmed dead on the scene, and four others burnt beyond recognition.

““Five people were taken dead from the scene yesterday (Wednesday). Out of the people that were injured, one died, making six. Then this morning (yesterday), when I asked my people to go round, they discovered that two had already died again, making eight. Four of them from yesterday were burnt beyond recognition.”, he explained.

However, in her statement, Isa said the Head, Forecasting Response and Mitigation of FEMD, Mr Mark Nyam, said eight bodies were deposited at the Karu Hospital Morgue, one body at the Asokoro Distinct Hospital Morgue while another body was deposited at the National Hospital.

He added that some victims had been referred to the Gwagwalada Teaching Hospital, Federal Medical Centre, Keffi, and Cedercrest Hospital Abuja for proper care.

Part of the statement reads, “The FCT Emergency Management Department FEMD can confirm that 10 persons lost their lives to the truck explosion that occurred at Karu bridge along Abuja / Keffi expressway.

“The Head Forecasting Response and Mitigation of FEMD, Mr Mark Nyam said eight bodies were deposited at the Karu Hospital Morgue, one body at the Asokoro Distinct Hospital Morgue while another body was deposited at the National Hospital.”

He informed that over 30 persons suffered various degrees of burns.

“Some of the victims have been referred to Gwagwalada Teaching Hospital, Federal Medical Centre,Keffi and Cedercrest Hospital Abuja for proper care,” he said.

Isa also stated that no fewer than 10 vehicles were burnt during the incident, adding that the FEMD boss after a visit to the incident scene, appealed to motorists to observe traffic rules and regulations.

He also cautioned against reckless driving, dangerous overtaking and poor maintenance of vehicles, while urging FCT residents to always use the 112 emergency toll free number in the event of an emergency.

Meanwhile, barely 24 hours after the incident, another fertiliser-laden truck has collapsed on the same spot.

The Tide learnt that the incidence occurred at about 3:54pm yesterday.

The Head of Public Affairs of the FCT Emergency Management Department, Nkechi Isa, confirmed the accident in a statement, stating that the truck collided with a Hijet and a dump truck, adding that no life was lost.

She cautioned road users to drive with caution as the Federal Road Safety Corps was making efforts to tow away the affected vehicles, to avoid traffic built up.

“Another accident has occurred under Karu bridge along the Abuja-Keffi Expressway. Thankfully, no life was lost to the incident. Our Search and Rescue say the accident occurred when a truck laden with fertilizer ran into a Hijet and a dump truck also known as tipper.

“Motorists are advised to drive with caution as the Federal Road Safety Corps is taking steps to tow away the affected vehicles in order to avoid traffic built up,” the statement read.

Meanwhile, several videos showed some persons trying to clear the fertiliser bags from the fallen truck to ease traffic.

Featured

N77,000 allowance to commence in March – NYSC D-G

Published

23 hours ago

March 21, 2025

The Tide

The Director-General of the National Youth Service Corps (NYSC), Brig.-Gen. Olakunle Nafiu, has assured that the payment of the newly increased monthly allowance of N77,000 to corps members will begin in March.

This is contained in a statement issued in Abuja on Thursday by the Acting Director of Information and Public Relations, Caroline Embu.

Nafiu made the announcement while interacting with corps members at the NYSC Zonal Offices in Wuse and Garki, Federal Capital Territory.

He assured the corps members that both the scheme and the Federal Government were committed to their welfare and would continue prioritising their well-being.

“With effect from March, you are going to receive N77,000 as your monthly allowance.

“NYSC is good at record-keeping, and I can assure you that your money will be paid. The nation and the scheme appreciate you,” Nafiu said.

He thanked the corps members for their selfless service and encouraged them to remain calm, dedicated, focused, and disciplined.

Nafiu also emphasised the significance of the NYSC scheme, stating that it was an initiative that built bridges and exposed graduates to cultural values beyond their places of birth.

The Director-General further stated that the NYSC management would continue to instill virtues such as patriotism, discipline, self-restraint, good morals, leadership qualities, and teamwork in future batches.

It will be recalled that the Federal Government approved the increase in corps members’ monthly allowance to N77,000 in September 2024, with the new allowance taking effect from July 2024.

Prior to this increase, corps members received a monthly allowance of N33,000. The raise aligns with the enactment of the National Minimum Wage (Amendment) Act 2024.