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

Published

2 years 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

PANDEF Hails Tinubu For Lifting Emergency Rule In Rivers

Published

1 week ago

September 19, 2025

The Tide

The Pan Niger Delta Forum (PANDEF) has hailed the lifting of the State of Emergency in Rivers State, effective midnight, Wednesday, September 17, 2025.

In a statement signed by Board members and National Executive Committee members, yesterday, PANDEF commended President Bola Tinubu for rectifying what they described as an anomaly.

The statement was co-signed by Co-Chairmen, PANDEF Board of Trustees, Alfred Diette-Spiff and Obong Victor Attah, National Chairman Ambassador Godknows Boladei Igali, and National Secretary, Beks Dagogo-Jack.

Tinubu declared a State of Emergency in Rivers State on the 18th of March, 2025, suspending Governor Siminalayi Fubara, the Deputy Governor, and members of the state House of Assembly for six months in the first instance.

In place of the governor, the President appointed Vice Admiral Ibok-Ete Ibas (retd) as Sole Administrator.

However, Tinubu announced the suspension of the Emergency Rule on Wednesday, stating, “It therefore gives me great pleasure to declare that the emergency in Rivers State shall end with effect from midnight today (Wednesday).”

The Forum commended Fubara’s unwavering perseverance and “faith in the divine will of Almighty God,” while also commending the Deputy Governor, Professor Ngozi Odu, the Speaker, and members of the House of Assembly, who were equally affected by the suspension.

“The Board and National Executive Committee of the Pan Niger Delta Forum, the apex socio-political organisation representing the South-South geopolitical zone, joins millions of Nigerians in welcoming the lifting of the state of emergency in Rivers State, effective midnight, Wednesday, September 17, 2025.

“While PANDEF had expressed strong reservations regarding the erstwhile emergency rule, we commend His Excellency, President Bola Ahmed Tinubu, GCFR, for taking this bold step to rectify the anomaly.

“We welcome Governor Siminalayi Fubara back to his elected office and salute his unwavering perseverance and faith in the divine will of Almighty God. We extend similar commendations to the Deputy Governor, Professor Ngozi Oduah, the Speaker, and members of the House of Assembly, who were equally affected by the suspension,” the statement read.

Addressing Rivers people, the forum declared, “Light has returned to the state and a new glorious dawn has come. A moment in which the bitter pains of the past months will inspire all to rededicate themselves to true mutual forbearance, new alignments and forward movement.”

They urged political leaders and citizens to put the past behind them and work towards the collective good of the State, while pledging to support Rivers’ developmental trajectory under Fubara.

“All hearts and hands must therefore be joined together to put the past behind us and work towards the collective good of the state.

“We look forward to the State’s return to normalcy and the resumption of its developmental trajectory under the leadership of Governor Fubara and his team. PANDEF reiterates its commitment to supporting the government and people of Rivers State in their pursuit of progress and development,” the statement added.

Featured

RSG Approves Full Rehabilitation of State Secretariat …Unveils Housing Scheme for Civil Servants, Honours Veterans

Published

2 weeks ago

September 12, 2025

The Tide

Rivers State Administrator, Vice Admiral Ibok-Eteh Ibas (Rtd), has approved the complete rehabilitation and modernization of the Rivers State Secretariat Complex to enhance efficiency and productivity in the civil service.

Ibas made the announcement at the 2025 Civil Service Week Gala and Awards Ceremony held at Banquet Hall, Government House, Port Harcourt, on Wednesday,.

He disclosed that “initiative is designed to transform the secretariat into a modern, efficient and conducive work environment, directly supporting the civil servants who form the backbone of the state’s governance.”

The Administrator also approved the provision of 106 housing units for civil servants in the State.

Ibas paid glowing tribute to retired Heads of Service and Permanent Secretaries, describing them as the bedrock of the state’s administration.

He stated that the awards ceremony was a symbol of deep appreciation for decades of sacrifice, resilience, and commitment.

“These interventions are designed to not only recognize your service, but also to improve your welfare in tangible and lasting ways,” the Administrator stated.

“We must build an administration that is efficient, effective, and truly citizen-centric,” he added.

The Administrator urged serving officers to draw inspiration from their predecessors and strive to make a meaningful impact in the lives of citizens.

He emphasized the importance of embracing innovation, technology, and continuous training to build a civil service equipped for the future.

The Acting Head of Rivers State Civil Service, Dr. (Mrs.) Inyingi Brown, in her welcome address, described the civil service as the “engine room of government” and expressed profound gratitude to the Administrator for his unwavering support and commitment to its modernization.“

“A society that does not honour its heroes is not worthy of emulation,” Dr. Brown remarked, lauding the retirees as torchbearers of discipline and loyalty.

She pledged to build on their legacy through reforms and innovation, projecting that the Rivers State Civil Service would become a model of efficiency and transparency by 2030.

Speaking on behalf of the retirees, President of the Association of Retired Permanent Secretaries, Sir Promise Njowhor,

expressed heartfelt appreciation for the historic recognition.

“For once, since the creation of the State, we are being honoured,” Njowhor said, adding, “Our morale has been lifted.”

He pledged the association’s continuous support for government programmes, describing the body of experienced retirees as a resource available to contribute to state development.

The rehabilitation of the State Secretariat and the new housing scheme represent a major investment in the infrastructure and dignity of public service in Rivers State, signaling a new era of support for the civil servants who drive the government’s policies and programmes.

The Tide reports that the Administrator also conferred awards of meritorious service on retired Heads of Service and Permanent Secretaries in the State

Featured

Rivers LG Poll: APC Wins 20 chairmanship seats, PDP Clears Three

Published

4 weeks ago

September 1, 2025

The Tide

The All Progressives Congress (APC) has won 20 out of the 23 local government areas in the just concluded local government election in the State, while the Peoples Democratic Party (PDP) clinched three local governments.

According to the results released by the Rivers State independent Electoral Commission (RSIEC), yesterday, the APC won the chairmanship seats in Abua/Odual, Andoni, Opobo Nkoro, Ahoada East, Ahoada West, Okrika, Ogu/Bolo and Khana local government areas.

APC also won in Gokana, Tai, Oyigbo, Bonny, Eleme, Etche, Omuna, Akuku Toru, Asari Toru, Degema, Ikwerre and Emohua local government areas.

The Commission, however, said the PDP won in Port Harcourt City, Obio/Akpor, and Ogba Egbema Ndoni local government areas.

Chairman of the Commission, Dr Michael Odey, who announced the results at the Commission headquarters in Port Harcourt, said Ofori Owolabi of the APC scored 28,755 votes to emerge winner of the election for Abua Odual while Solomon Ochomma, also of the APC, emerged chairman elect for Ahoada East after scoring 54,509 votes.

Odey said Eugene Epelle also of the APC scored 84,125 votes to emerge winner in Ahoada West, while Bob Fubara was elected the chairman-elect for Akuku Toru after scoring 63,593 votes.

Similarly APC chairmanship candidate Lucky Otuo Promise emerged chairman-elect for Andoni after scoring a total of 126,181 votes, APC’s George Onengiyeofori emerged winner in Asari Toru after scoring 56,383 votes, while Pepple Blessing Abinye garnered 13,543 votes to emerge winner in Bonny Local Government Area.

Other APC candidates elected include Michael John Williams who scored 16,536 votes to emerge chairman-elect for Degema Local Government; Obarlllormate Ollor (77,452) for Eleme; Dr Chidi Julius Lloyd (114,380) for Emohua; Njoku Boniface (100,649) for Etche; Confidence Deekor (96,478) for Gokana, while Wobodo Charles got 62,746 votes to emerge winner in Ikwerre Local Government Area.

Other APC winners from the APC include Akuro Tobins (32,285 votes) for Okrika; Hon Obasi Uchechukwu (38,530) for Omuma; James A James (38,822) for Opobo Nkoro; Vincent Nemieboka (36,374) for Ogu/Bolo; Hon Mbakpone Okpe (70,080) for Tai LGA, while in Oyigbo, Okechukwu Akara scored 101,495 votes to emerge winner.

Meanwhile, the RSIEC chairman announced Dr Gift Worlu of the PDP with 328,823 votes to emerge winner in Obio Akpor; Shedrack Ogbogu, also of the PDP, scored 51,051 votes for Ogba Egbema Ndoni Local Government Area, while in Port Harcourt City, Sir Alwell Ihunda garnered 235,054 votes for PDP to emerge winner.

The APC also cleared the councillorship seats in Abua/Odual, Andoni, Ahoada East, Ahoada West, Okrika, Ogu/Bolo and Khana, Oyigbo, Bonny, Eleme, Etche,Tai, Khana Opobo/Nkoro and Degema local government areas.

Similarly APC councillorship candidates also emerged winners in Asari Toru, Degema, Akuku Toru, Gokana and Khana while PDP cleared the councillorship seats in Obio/Akpor, Port Harcourt city, and Ogba Egbema/ Ndoni Local Government Areas

Meanwhile, the Forum of State Independent Electoral Commissions has passed a vote of confidence on the just concluded local government election in the State.

National Chairman of the forum, Hon. Mamman Nda Eri, said this in an interview with newsmen in Port Harcourt.

Eri said all the chairmen across the country were in Port Harcourt to monitor the election as well as gain experience in an election under emergency rule.

John Bibor & King Onunwor