Presidential election: Can Atiku,Obi upturn Tinubu’s victory in court?

By Lateef Ibrahim, Abuja

It is no longer news that the outcome of the presidential election held on Saturday, February 25 has been made known and that Asiwaju Bola Ahmed Tinubu of the All Progressives Congress, APC, has been declared the President-elect by the Independent National Electoral Commission, INEC, led by Professor Mahmood Yakubu.
It is also a stale news that INEC has presented certificates of returns to Asiwaju Bola Tinubu and the Vice President-elect, Senator Kashim Shettina.
What is, however, not yet known is how far or to what extent the co-contestants of Tinubu in the election would go in their opposition to or rejection of the outcome of the poll.
Already, the presidential candidates of the Peoples Democratic Party, PDP and the Labour Party, LP, who are the first and second runners-up to Tinubu in the presidential election have described the result of the election as a sham.
The LP presidential candidate, Mr Peter Obi has already headed to court to challenge the result of the election.
The PDP presidential flag bearer, Alhaji Atiku Abubakar and his party, have already described the election as
grossly flawed in every material particular, and as such must be challenged.
Addressing a world press conference in Abuja on Thursday Atiku noted with regret that Nigerians, especially the youth, were traumatized by the outcome of the poll. He, nonetheless, urged them to conduct themselves peacefully.
The former Vice President declared that the rigging and manipulation of the last presidential election has been attested to by both local and international observers.
“I want to believe that this was not the legacy that President Muhammadu Buhari had promised”, he said.
At the press conference held at the Shehu Musa Yar’Adua centre, Abuja and attended by party’s chieftains and Governors, Atiku said, “Having consulted with leaders of our party and Nigerians from different walks of life, I have come to the conclusion that the processes and outcome of the Presidential and National Assembly election of last Saturday was grossly flawed in every material particular, and as such must be challenged.
“For President Buhari, it is not too late to make amends for the good of our country and the future generations and indeed to assure his legacy.
“This battle to right the wrongs of Saturday is not about me. It is a continuation of my battles to deepen democracy and for a better life for our people. It is about the future of Nigerian youths.
Similarly, the National Working Committee (NWC) of the Peoples Democratic Party (PDP) on behalf of all members of the PDP, has rejected, in its entirety, the declaration and return of the Presidential Candidate of the All Progressives Congress (APC), Senator Bola Ahmed Tinubu, as President-elect by the Independent National Electoral Commission (INEC).
The PDP demanded that INEC immediately withdraw the Certificate of Return issued to the Presidential Candidate of the APC and cancel the Presidential election declaration in line with its powers under Section 65 of the Electoral Act 2022.
The Party insisted that INEC, in declaring the APC Presidential Candidate as winner, acted contrary to the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act 2022 and the INEC Guidelines and Regulations for the conduct of the 2023 Presidential election.
The problem, actually began, right from the International Conference Centre, Abuja, venue of the national collation centre, when the agents of PDP and LP presidential candidates, among others, faulted the refusal of the Independent National Electoral Commission to upload the results of the election, right from the wards/units levels up to the wards, local government areas and stated on the commission’s portal, as earlier promised by INEC.
The problem got worse, when the agents of the said opposition parties walked out of the national collation centre, Abuja, in protest, even as the results were being announced.
The agents of the parties, led by Senator Dino Melaye and Hon. Emeka Ihedioha (both of the Peoples Democratic Party), after storming out of the International Conference, called for the cancellation of the presidential election.
Dino Melaye and Emeka Ihedioha, who spoke with journalists outside of the venue, proposed that a fresh presidential election should be conducted alongside the governorship and State Houses of Assembly polls on Saturday, March 11.
They categorically declared that they have lost confidence in the whole coalition process of the presidential election.
However, the APC agent, Barrister Babatunde Ogala suggested that instead of calling for the halting of the election, the aggrieved parties should file their petition before the tribunal.
Dino Melaye recalled that the INEC Chairman had assured Nigerians at 68 different times that the result would be uploaded on INEC portal before the final collation, while another INEC Commissioner and Chairman Information and Voter Education Committee, Barrister Festus Okoye equally assured Nigerians 118 times on the same.
He noted with regret that while the promise to upload the result was not kept, the result was being announced.

Shortly after that, the National Chairmen of the Peoples Democratic Party, PDP, Labour Party (LP) and African Democratic Congress (ADC), jointly called for the immediate cancellation of the presidential election, arguing that the results of the election have been heavily manipulated and doctored.
Also, at a press conference jointly addressed by the Chairmen of the three opposition parties, Dr Iyorchia Ayu (PDP), Barrister Julius Abure (LP) and Dr Ralph Okey Nwosu (ADC) and their chieftains in Abuja, they also passed a vote of no confidence on the INEC Chairman, Professor Mahmood Yakubu, with a call on him to step aside.
The parties, similarly, pushed for a fresh election to be carried out within the window allowed by the Electoral Act and in accordance with the laid down INEC procedure for the conduct of the 2023 Elections.
They called on the international community to note that the results being declared at the National Collation centre, Abuja, have been heavily doctored and manipulated and do not reflect the wishes of Nigerians expressed at the polls on February 25, 2023.
The parties, in their joint position presented by Barrister Abure, the National Chairman of LP, said, “This election is not free and far from being fair or transparent.
“There is ongoing extensive cancellation of results all over the country, especially in the areas of strength of the opposition parties to shore up the numbers of the ruling APC.
“We have, therefore, arrived at the conclusion that the presidential election of Saturday, February 25, 2023 conducted by the Independent National Electoral Commission (INEC) has been irretrievable compromised and, we have totally lost faith in the entire process.
“The Peoples Democratic Party and the Labour Party shall not be part of the process currently going on at the National Collation Centre, and we demand that this sham of an election should be immediately cancelled.
“We also call for a fresh election to be carried out within the window allowed by the Electoral Act and in accordance with the laid down INEC procedure for the conduct of the 2023 Elections.
“We similarly call on the international community to note that the results being declared at the National Collation centre have been heavily doctored and manipulated and do not reflect the wishes of Nigerians expressed at the polls on February 25, 2023.
“We also wish to declare a vote of no confidence on the INEC Chairman, Professor Yakubu Mahmood. By his conduct and reaction to the complaints of disenfranchised political parties, we believe that he lacks the integrity and moral standing to continue to oversee this process to a conclusion.
“We are therefore calling for Professor Yakubu to step aside from his role as INEC Chairman and for a credible personality from outside the Commission to take his place and see this process to a conclusion that would be acceptable to all stakeholders and would restore the confidence of the international community in our democratic process and institutions.
They cited Section 60 sub-section 5 of the Electoral Act which states that “the presiding officer shall transfer the results, including total number of accredited voters and the result of the ballot in a manner as prescribed by the commission.”
They added, “It was on the strength of this provision in our Electoral Act that the Independent National Electoral Commission (INEC) introduced the BVAS technology to the country.
“The expectation of the majority of Nigerians was that INEC was going to conduct the 2023 election in compliance with both the Electoral Act and its own guidelines.
“Unfortunately, INEC capitulated on that promise and conducted the election with the usual crude standard that predates the introduction of the BVAS machine”, they said.
In a related development, the Vice Presidential candidates of the Peoples Democratic Party, PDP, and Labour Party, LP, Dr Ifeanyi Okowa and Hon. Yusuf Datti Baba-Ahmed respectively, on the same day, called for the cancellation of last Saturday’s presidential election, describing it as a sham.
Both Okowa and Baba-Ahmed specifically called on the Prof Mahmood Yakubu -led INEC to thread on the path of honor by canceling the election outright and commence the process of a fresh election that will not only be credible but will be seen to be credible by Nigerians.
They argued that last weekend’s election was neither free nor fair but a sham because the transmission of the results was not in tandem with the Electoral Act and the INEC guidelines.
“Finally, we call on the commission to thread on the path of honor by canceling the election outright and commence the process of a fresh election that will not only be credible but will be seen to be credible by Nigerians”, they said.
According to them, “That paragraph, which deals with the transmission of results at the polling units, is crucial, and it imposes statutory obligations on the part of INEC to upload polling units results on its portal,” they insisted.
They maintained that polling units results are the pyramid upon which other results are built.
The two Vice Presidential candidates said, “Paragraph 38 of INEC Manual 2022 made pursuant to the provisions of the constitution of the Federal Republic of Nigeria 1999 as amended and section 149 of of the Electoral Act 2022 provides that: on completion of all the Polling Unit voting and results procedures, the Presiding Officer shall:
*Electronically transmit or transfer the result of the Polling Unit, direct to the collation system as
prescribed by the Commission.
*Use the BVAS to upload a scanned copy of the EC8A to the INEC Result Viewing Portal (IReV), as prescribed by the Commission.
*Take the BVAS and the original copy of each of the forms in a tamper evident envelope to the Registration Area/Ward Collation Officer, in the company of Security Agents. The Polling Agents may accompany the Presiding Officer to the RA/Ward Collation Centre.” It is mandatory and compulsory. INEC has no option.
Continuing, they said, “So, the failure to upload results and follow the procedures set out in paragraph 38 of the manual made pursuant to the Electoral Act 2022, is a fundamental breach that has the potential of rendering the election results that did not follow those procedures null and void.
“Finally, we call on the commission to thread on the path of honor by canceling the election outright and commence the process of a fresh election that will not only be credible but will be seen to be credible by Nigerians”, they insisted.
President Muhammadu Buhari, while congratulating the winner of the Presidential Election and candidate of the All-Progressives Congress, APC, Asiwaju Bola Ahmed Tinubu, admitted that there will be areas that need to be worked on to bring further transparency and credibility to the voting procedure.
According to Buhari, “Of course, there will be areas that need work to bring further transparency and credibility to the voting procedure. “However, none of the issues registered represent a challenge to the freeness and fairness of the elections.
“I know some politicians and candidates may not agree with this view. That too is fine. If any candidate believes they can prove the fraud they claim is committed against them, then bring forward the evidence.
“If they cannot, then we must conclude that the election was indeed the people’s will-no matter how hard that may be for the losers to accept. If they feel the need to challenge, please take it to the courts, not to the streets.
“However, to do the latter means they are not doing it in the interest of the people, but rather to inflame, to put people in harm’s way and all for personal, selfish gains.
“After a degree of polarization that necessarily accompanies any election, it is now time to come together and act responsibly.
“I call on all candidates to remember the peace pledge they signed just days before the election.
“Do not undermine the credibility of INEC. Let us now move forward as one. The people have spoken”.
The President-elect, Asiwaju Bola Tinubu has, however, appealed to his co-contestants in the last Saturday’s presidential election to allow political competition to give way to political conciliation and inclusive governance.
Tinubu made the appeal on Wednesday morning shortly after he was declared president-elect by the Independent National Electoral Commission, INEC ,in Abuja.
Tinubu noted that the lapses that did occur during the election were relatively few in number and were immaterial to the final outcome.
The President-elect told his co-contestants that they may have been opponents during the election, but that they were,indeed, never his enemies.
His words, “To my fellow candidates, former VP Atiku, former governor Kwankwaso, former governor Obi and all others, I extend the hand of friendship. This was a competitive, high-spirited campaign.
“You have my utmost respect. Political competition must now give way to political conciliation and inclusive governance.
“During the election, you may have been my opponent, but you were never my enemy. In my heart, you are my brothers.
“Still, I know some candidates will be hard put to accept the election results. It is your right to seek legal recourse. “What is neither right nor defensible is for anybody to resort to violence.
“Any challenge to the electoral outcome should be made in a court of law, and not in the streets”, he said.
The governments of United Kingdom, United States of America and European Union among others have congratulated the President-elect.
The British Prime Minister, Mr Rishi Sunak, in his congratulatory message to Tinubu, said, “UK-Nigeria relationship remains strong.
Now that the winner of the election has been announced by INEC and certificate of returns given, it remains to be seen how far the aggrieved parties can go.
Will they (the aggrieved opposition parties) be able to upturn the victory of Tinubu in the court?. Time will time.