Six States Ask Supreme Court to Declare Tinubu’s Victory Null and Void

Six States Ask S’Court to Declare INEC’s Pronouncement of Tinubu as President-elect Null, Void, of No Effect


*For failure to transmit presidential election results electronically as required by Electoral Act, commission’s regulation and guidelines 

*Claim FG has powers to compel INEC as agency of government

In what appears like a copy-cat replay of an ongoing suit over the move by the Central Bank of Nigeria (CBN) to ban the use of some denomination of old currencies, six states of the federation; Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto have dragged the federal government before the Supreme Court over the conduct, collation and announcement of the February 25, 2023 presidential and National Assembly elections.

The States want the apex court to declare that the pronouncement of the candidate of the All Progressives Congress, Bola Ahmed Tinubu, as winner of the February 25 presidential election and president-elect based on that election be voided by the court.

They are seeking “A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of INEC at the National Collation Centre, Abuja, in flagrant violation of the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were invalid, null and void, and of no effect whatsoever.

“A declaration that the fundamentally flawed electoral process through the non-uploading of the results of each of the 176,974 Polling Units nationwide, in respect of the presidential election and National Assembly Elections held on Saturday, 25th February 2023 were not in accordance with the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election

In addition, they are seeking “A declaration that the failure of the Federal Government of Nigeria, the Independent National Electoral Commission to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023 in collusion, violates the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.”

They are also seeking an order of the apex court “directing a holistic review of all results so far announced by the Federal Government of Nigeria through INEC which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.

“And for such further Orders as the Honourable Court may deem fit to make in the circumstance.”The plaintiffs also brought an application praying the apex court for an order directing a departure from the rules of the apex court in the interest of justice by directing for accelerated hearing of the substantive suit.Besides, plaintiffs also filed another application seeking for an order for abridging time for parties to file and serve responses for and against the suit. No date has been fixed for hearing.

The plaintiffs in the originating summons marked: SC/CV/354/2023, are specifically asking for an order of the apex court, “directing a holistic review of all results so far announced by the Federal Government of Nigeria through the Independent National Electoral Commission (INEC) which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.

The suit filed by the Attorneys General of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto States has the Attorney General of the Federation as sole respondent and was brought pursuant to Sections 6 (6) (a), 14 (2) (b), 153 (1) (F) and 232 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as Amended); 2. Sections 25 (1), (2) and 3; Sections 60 And 66 Of The Electoral Act, 2022.They predicated their case on the grounds that, “The collation of the national election results from the 36 States of the Federation, and that of the Federal Capital Territory, for the said 2023 Presidential and National Assembly elections have not been carried out in compliance with the mandatory provisions of relevant sections of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022, made pursuant to the provisions of the Electoral Act, 2022; and the INEC Manual for Election Officials, 2023.”

According to the suit filed on February 28, by their lawyers, Prof Mike Ozekhome, a Senior Advocate of Nigeria (SAN), the agents and officials of the federal government and INEC, failed to transmit the collated result as prescribed by the provisions of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections 2022; and the INEC Manual for Election Officials requiring transmission of the results by the use of Bimodal Voter Accreditation System (BVAS) in flagrant breach of the relevant provisions of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials, 2023.

It was their submission that the, “Non-compliance with the due process of law has led to a widespread agitation, violent protests, displeasure, and disapproval from a wide spectrum of the Nigerian populace, including international observers, political parties, well-meaning Nigerians and former Head of States of the Federal Republic of Nigeria”.

They further claimed that the widespread violent protests, demonstrations and rallies endangered the peace, order, good governance, security and safety of the plaintiffs.The plaintiffs argued that the federal government through INEC, “is empowered by law to correct the elections due to technical glitches and errors arising from the conduct of the elections with substantial effect on the electoral process in line with the provisions of Section 47 (3) of the Electoral Act, 2022; and other relevant sections thereof.

“The Federal Government of Nigeria has nonetheless continued to collate results for the Presidential and National Assembly elections, against the provisions of extant Electoral laws and Guidelines, notwithstanding the fundamental flaws identified in the process of the collation of results and the public outcry that has greeted the entire electoral process.

“Whilst queries were being raised as to the failure or deliberate refusal of INEC to transmit the results electronically, INEC suddenly pulled down its portal harbouring the Regulations and Guidelines, thus leaving the plaintiffs in the dark.“Most Nigerians, including the governments and peoples of Adamawa State, Akwa Ibom State, Bayelsa State, Delta State, Edo State, and Sokoto State, are entitled to a proper and electoral lawful process and procedure that guarantees a free, fair, transparent and credible election.“There is no justifiable basis for the ongoing collation of results without compliance with the mandatory provisions of the law that mandatorily require the use of BVAs, electronic transmission to the IRev Portal.

“Unless this Honourable court intervenes, the Governments and peoples of Adamawa State, Akwa Ibom State, Bayelsa State, Delta State, Edo State, and Sokoto State, who have suffered and will continue to suffer irreparable hardship and damage of unquantifiable proportions by being denied the opportunity to participate fairly in a free, transparent, fair and credible election, which can lead to a breakdown of law and order and thus endanger the public peace, security, safety, order and good governance, consequent upon the violent demonstrations and protests that have already started to take place in different parts of the country, including the Plaintiff States, as a result of the fundamentally flawed electoral process, which does not represent the wishes of Nigerians and of the plaintiff states,” they submitted.

Amongst the issues raised for determination by the apex court were: Whether having regard to the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023 thereof, the electronic transmission of votes collated at polling units and the use of the Bimodal Voter Accreditation System (BVAS) in the transmission of collated result is made mandatory.

“Whether by virtue of the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, the Federal Government of Nigeria through presiding officers of its executive body, Independent National Electoral Commission was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Results to the Independent National Electoral Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation.

“Whether the Federal Government of Nigeria in the recently held Presidential and National Assembly elections conducted nationwide on 25th February, 2023 through INEC, complied with the mandatory provisions of extant laws, INEC Regulations and Guidelines for the Conduct of Presidential Elections, 2022.“Whether the failure of the Federal Government of Nigeria through the Defendant and INEC to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023, violates the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.

“Whether the failure of the Federal Republic of Nigeria through INEC to comply with the provisions of Section 60 of the Electoral Act, 2022 and the Regulations and Guidelines for Conduct of Elections, 2022 made pursuant to the Electoral Act and the Constitution of the FRN, 1999, as amended, in collating and announcing the results of the Presidential and National Assembly Elections render the already announced results and the elections conducted as a whole a nullity.“Whether the entire results of the presidential election conducted on the 25th of February, 2023, as announced by the Chairman of INEC at the National Collation Centre, Abuja in flagrant provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were valid.”

In the event the questions raised were determined in their favour, plaintiffs urged the apex court to then declare, “that the Federal Government of Nigeria, through INEC was bound to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) in the course of the General Elections held on the 25th of February, 2023 throughout the Federation in compliance with the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.

 

Gunmen Send Threatening Message To Messi, Fired Shots At Family Store

 Paris Saint-Germain forward, Lionel Messi, received a threatening note from gunmen who attacked a supermarket in his hometown Rosario on Thursday.

The Food store “Unico”, located in the Lavalle district, is owned by the family member of Messi’s wife, Antonela Roccuzzo, who is also a native of the Argentinian city.

Goal.com reports that Police were called to the scene after a reported 14 shots were fired at the store’s shutters and front door in the early hours of Thursday morning.

Two individuals on a motorbike were seen fleeing the scene, after leaving a sinister message for the PSG forward.

“Messi, we are waiting for you,” the note read. “Javkin is a drug dealer. He is not going to look after you.”

The messages refers to Rosario’s mayor, Pablo Javkin, who after the incident spoke out on the level of violence and need for more policemen in a city where crime is on the rise.

Rosario is the largest city in Argentina’s central province of Santa Fe, 300 kilometres (186 miles) north of Buenos Aires.

No people were harmed in Thursday’s attack, but significant damage is thought to have been done to the store. 

Messi won FIFA’s The Best Men’s Player 2022 at an awards ceremony in Paris on Monday, having led his nation to their third world crown in Qatar.

Neither he nor Roccuzzo have commented yet on the incident.

11 Men Caught With 10 Human Skulls, Intestines In Ibadan

 The police in Oyo State have arrested 11 suspects in possession of nine dry human skulls, one fresh human head, intestines and other human body parts.

SP Adewae Osifeso, spokesman of the command, disclosed this on Thursday while briefing journalists.

He explained that discreet intelligence gathering carried out on February 22, by a police monitoring unit uncovered the criminal activities of the suspects.

He said the operatives cracked down on the suspected ritualists who specialised in selling human skulls and other organs for ritual purposes in their hideout at Orita-Aperin area of Ibadan, noting that the 11 members of the criminal gang confessed to the crime upon interrogation.

He further said that the suspects confessed that the dry human skulls were harvested from burial grounds and that the fresh human head and other body organs were harvested from persons after being killed by their kingpin, simply identified as Amuludun, who was at large.

Meanwhile, one of the suspects and wife of Amuludun said she knew her husband as an Islamic cleric and was surprised when the human skulls were found in his office.

She said that she went to her husband’s office to collect money for foodstuff when the police came and searched the office where the skulls were found.

Supreme Court Shifts Judgement On Naira Swap To 10am

 JUST IN: Supreme Court shifts judgment to 10am on naira swap

March 3, 2023

The Supreme Court has shifted to 10 am the delivery of its judgment in the cases filed by some States to challenge the propriety of the naira swap policy of the Federal Government.
An official of the court announced the shift in time, a moment ago, to a packed court.


The official was silent on what informed the shift from the 9am usual sitting time of the court.

Aisha Buhari: Tinubu Will Not Betray Nigerians, His Victory Is God’s Will

 Mrs Aisha Buhari, wife of the President, on Thursday, described the victory of Senator Bola Tinubu in the recently concluded presidential election as the will of God.

Aisha also expressed confidence that Tinubu will not betray the trust and confidence Nigerians reposed in him.

The First Lady spoke when she received the wife of the President-elect, Sen. Oluremi Tinubu, and the wife of the Vice President-elect, Hajiya Nana Shettima, on a thank-you visit to the Presidential Villa, Abuja.

Aisha said: “Regardless of our interests and diversity, we should all accept it as a will of Almighty God; we would not have done it without his grace.

“It’s a victory for all Nigerians. I’m optimistic that the President-Elect will not betray the trust and confidence that Nigerians reposed in him. It’s now time to move on and focus on the path of a ‘renewed hope’ for Nigerian women and youths.

So, my sister, we count on your experience and interest in promoting the cause of women, youths and girl-child education.”

She added, “I pray that come May 29, your position as first lady will be marked with joy and continued success.”

Tinubu was announced the winner of the February 25 preside.

He defeated the main opposition candidates, Peoples Democratic Party, PDP’s Atiku Abubakar and Labour Party’s Peter Obi and New Nigeria Peoples Party, NNPP’s Rabiu Kwankwaso.

The former Lagos State governor received his Certificate of Return in Abuja on Wednesday.

Nigeria Defeats Uganda 1-0 To Qualify For Under 20 World Cup

 

Ezeife Criticizes INEC, Says Tinubu’s Victory Won’t Stand

 A former Anambra State governor, Chukwuemeka Ezeife, has expressed confidence that the court will quash the declaration that the All Progressives Congress candidate, Bola Tinubu, is the winner of last Saturday’s presidential election.

Ezeife, who insisted that the election was rigged, said he was confident that Tinubu, who is now the President-elect, having been given Certificate of Return by the Independent National Electoral Commission, would not be sworn in as the court to invalidate his victory.

Speaking to newsmen in Awka, on Thursday, Ezeife said, “We are disappointed in the entire process but all hopes are not yet lost because by the time the people will assemble the facts and figures associated with the entire process, heads will roll and the stolen mandate will be recovered.”


Similarly, while appearing during an interview on Arise TV on Thursday, he said, “The presidential election revealed so many things to Nigerians and I thank God for that. I thank all the foreign powers who commented on the election and condemned the integrity of the election.

“I do not believe that Tinubu, my friend, will be sworn in as President. If that is done, it would be a disaster but I think this thing has opened the eyes of Nigerians.”