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End Of Road For Atiku, Obi, As S’Court Affirms Tinubu’s Election …Dismisses PDP, LP’s Appeals
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
Rivers State, Sir Siminalayi Fubara, has assured members of the National Youth Service Corps (NYSC) of his administration’s commitment to supporting and strengthening the scheme in the State.
Fubara gave the assurance last Friday at the NYSC permanent orientation camp, Nonwa-Gbam, Tai Local Government Area in the State, during the swearing-in ceremony of 2026 Batch B Stream II orientation course.
Represented by the Permanent Secretary, Cabinet Bureau, Office of the Secretary to the State Government, Dr. Promise Oguzie, the governor said the State Government would remain intentional in providing the necessary support to improve the NYSC scheme and enhance the experiences of corps members deployed to the state.
He charged the corps members to be role models and quality nation-builders in their service to the good people of Rivers State in particular, and Nigeria at large.
“I charge you to be exemplary, dedicated and committed in all you do. Take full advantage of all the camp programmes and activities to enrich yourselves”, he said.
In his welcome address, the State Coordinator of NYSC in Rivers State, Mr. Moses Oleghe, urged corps members to see their deployment to Rivers State as a “veritable opportunity to make meaningful contribution to the growth of the State in particular and Nigeria at large.”
He further charged them to serve with all sense of “integrity, discipline, and the fear of God, especially when they will be engaged as INEC ad-hoc staff that will conduct the 2027 general elections.”
A total of 3,584 corps members composed of 1,421 males and 2,163 females were sworn in by the Chief Judge of Rivers State, who was represented by Justice Godspower Aguma.
Governor of Rivers State, Sir Siminalayi Fubara, says Nigeria needs God-fearing leaders for the nation to move in the right direction and make meaningful progress.
The Governor stated this yesterday when he received in audience, the World President of the Seventh Day Adventist Church, Pastor Erton Kohler; his wife, Andriene Marques Kohler; daughter Mariana Marques Kohler and a retinue of ministers of the church at Government House, Port Harcourt.
Fubara who hailed the Seventh Day Adventist Church for its contributions to education and the grooming of future leaders in Nigeria, expressed delight that the Church had over the years, been investing in education at various levels and currently runs two universities in the country.
He commended the church for not only using its institutions to spread the gospel of Christianity but to groom future leaders for the country.
According to him, religion should not be just about defending one’s faith, but also making meaningful impact on the lives of the people.
He said that by floating these educational institutions, the church has demonstrated capacity to support Nigeria in the task of producing not only educated people but a breed of God-fearing leaders.
“Our country is where it is today because we lack the fear of God. If you have the fear of God, there should be a limit to what you can do because you understand the supremacy of God. But when God is not in your equation, you’ll go beyond the line and that is what has brought us to where we are today.
“So, I feel very happy that you are contributing to the development of our future leaders in this country. We need the right people being in the right place; prepared properly with good minds; that is what we need, not just in Nigeria but round the whole world.,” he said.
Governor Fubara further observed that the absence of God-fearing people in high places to take the right decisions that could impact positively on the society, has also given rise to other problems such as social inequality, poverty, corruption and criminality. According to him, Nigeria needs a system where the average parent could afford quality education for their children and a guarantee that upon graduation, the average child will have the capacity to compete favourably with anybody, anywhere in the world.
“If we have a situation where the little money that you’re being paid as wage can also afford you quality healthcare and after working at least for 15-20 years, you have a roof over your head, tell me why you should be involved in any kind of crime? At that point, you’ll feel secured and this attitude of insecurity about the future that leads to all the social vices we have today won’t be there,” he said.
Governor Fubara expressed appreciation to the delegation for the visit and for their prayers for Rivers State, assuring them of his continued support for their programmes in the state.
Leader of the delegation and World President of the Seventh Day Adventist Church, Pastor Erton Kohler said he was in Nigeria for a special conference of the church during which thousands of the church’s ministers will be undergoing an empowerment programme to further equip them for the task of herding their flocks and serving the society.
He expressed gratitude to the Governor for the warm reception accorded his entourage, saying the memory of the visit will linger in his mind for a lifetime.
Kohler disclosed that the Church has over twenty -four million (24,000,000) members and more than 182,000 places of worship, spread across 212 countries of the world.
The Rivers State House of Assembly has approved the 2026–2028 Medium Term Expenditure Framework (MTEF) submitted by Governor Siminalayi Fubara.
This reaffirms the lawmakers’ commitment to enacting laws and taking legislative actions geared towards the overall development of the State.
The Assembly gave the approval during its Second Legislative Sitting of the Fourth Session held last Friday.
Speaking on the MTEF document during plenary, the House Speaker, Rt. Hon. Martin Amaewhule, noted that by the provision of Section 10(1)(b) of the Rivers State Fiscal Responsibility Law No. 8 of 2010, the MTEF ought to have been laid before the House in September 2025.
Amaewhule explained that traditionally, the document is expected to be presented four months before the commencement of the next financial year and immediately after the expiration of every three-year fiscal cycle.
He, however, stated that in the interest of the State and its people, the House considered it necessary to deliberate on the document, describing it as a precursor to the 2026 Budget Estimates.
The Speaker expressed concern that the year had already progressed significantly before the presentation of the framework.
During deliberations on the document, members examined the assumptions and projections contained in the MTEF and observed that strict adherence to the outlined fiscal parameters would ultimately serve the interest of Rivers people.
The lawmakers maintained that effective implementation of the framework would promote prudent financial management and enhance developmental planning across the State.
Following the debate and positive consideration by members, the Speaker put the question to the House and members voted overwhelmingly in support of the approval of the MTEF.
Meanwhile, during the same sitting last Friday, the House also received a petition from the Chairman of Obio/Akpor Local Government Council, Dr. Gift Worlu.
The petition was presented by the member representing Obio/Akpor Constituency II, Hon. Emilia Amadi.
According to the petition, concerns were raised over an imminent security breach, threats to lives, destruction of property and alleged forceful takeover of property by some lawless persons within parts of the Local Government Area.
Presenting the petition before the House, Hon. Amadi appealed to the lawmakers to revisit the matter and take necessary steps aimed at safeguarding lives and property in the affected communities.
The House is expected to further deliberate on the petition and consider measures to address the concerns raised in order to sustain peace and security in the area.
King Onunwor
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