By Martin Cole-
Nigeria is poised to witness a pivotal moment in its democratic journey as the Presidential Election Petition Court (PEPC) in Abuja prepares to deliver judgment on the petitions seeking to nullify President Bola Tinubu’s election.
The high stakes and the pervasive skepticism about the integrity of the judicial system in a nation struggling with corruption, inflation, and unemployment have made this verdict a watershed moment in Nigerian politics.
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The two petitions, numbered CA/PEPC/05/2023 and CA/PEPC/03/2023, have been brought before the court by former Vice President and People’s Democratic Party (PDP) candidate, Alhaji Atiku Abubakar, and the Labour Party (LP) candidate, Mr. Peter Obi, respectively.
These petitions have captured the nation’s attention and hope for justice in an environment where legal challenges to election results have rarely succeeded.
A Contested Election
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The stage was set when the Independent National Electoral Commission (INEC) conducted Nigeria’s presidential election on February 25, 2023.
In a bid to enhance transparency and integrity, INEC introduced technological innovations and amendments to the Electoral Act.
However, the heart of the dispute lies in the alleged failure of INEC to electronically transmit the results of the presidential election, which Atiku and the PDP argue was a deliberate bypass of the technology to create room for manipulation.
INEC has been widely accused of corruption in the elections, with many Nigerians accusing the electoral body of being compromised by accepting over $100m dollars in bribe to skew the elec
tion outcome in Tinubu’s favour.
No hard evidence has been seen to support the allegation
Atiku’s Legal Argument
During the proceedings, Atiku and his legal team, led by Chief Chris Uche, SAN, passionately argued that President Tinubu was not qualified to contest the presidential poll. They urged the presidential tribunal to nullify the entire outcome of the election and order a re-run or a fresh contest. Their key arguments included:
Atiku and the PDP alleged that INEC, despite receiving over N355 billion for the election, violated the amended Electoral Act by refusing to electronically transmit the results. They contended that this breach undermined the transparency and integrity of the election.
The petitioners argued that there was no technical glitch on the election day but rather a deliberate bypass of technology to facilitate manipulation. They stressed that INEC owed the court and the nation an explanation.
The substantiality of the non-compliance, according to Atiku’s legal team, lay in the national spread of the non-transmission of results, affecting not only specific polling units but the entire country.
The legal team also brought up Tinubu’s ongoing forfeiture proceedings in the USA, asserting that time should not absolve individuals of crimes, and consequences should follow wrongdoing.
Peter Obi’s Challenge
Peter Obi of the Labour Party was an unexpected force in the last election, sparking movement among those desperate to see change in the country.
In the annals of Nigerian politics, few figures have garnered the kind of popularity and trust that Peter Obi has enjoyed, especially among the youth.
His impeccable record as the former governor of Anambra State, coupled with a reputation for unwavering integrity, earned him a special place in the hearts of many Nigerians.
Obi’s popularity, particularly among the youth, is not a mere coincidence but a testament to his remarkable governance in Anambra State.
As governor, he oversaw a period of transformation, marked by infrastructural development, educational reforms, and fiscal responsibility and his administration demonstrated a commitment to providing opportunities for the younger generation, earning him the admiration of many.
However, Nigeria’s massive population comprising 36 states, were not all united in his suitability to lead the country. Tribalism added to many self interested goals split Nigerians in their choice of presidency for their troubled country.
Then there was the added problem of rigging, which led aggrieved parties to the courts.
Many questions remain as to whether Obi had the manpower to mobilize enough support for him to win an election against someone as wealthy as Tinubu, despite the many queries about his background and integrity.
Whilst several Nigerians believed in Obi’s vision for a better Nigeria and saw in him a leader who could steer the country toward progress, but whether had the reach to win the elections were a big question.
The evidence presented to the sitting tribunal over the election cast much doubt as to the legitimacy of his announced victory, but there will be no peace whatever the ruling in two days time.
The Tribunal’s Examination of Irregularities
The tribunal case itself shed light on multiple irregularities during the elections. Peter Obi and his legal team, led by Mr. Livy Uzoukwu, SAN, articulated several arguments to challenge the integrity of the election.
They contended that there was no mere glitch during the election but rather an intentional act to sabotage its outcome.
Uzoukwu, SAN, made a case for the removal of President Tinubu, asserting that “an election where over 18,088 blurred results were uploaded to INEC’s IReV portal is certainly a flawed election.” This staggering number of blurred results raises legitimate concerns about the validity and integrity of the electoral process.
The Issue of Certified Documents
One of the central points of contention revolves around the documents certified by INEC for Peter Obi and the LP. It is worth noting that some of these certified documents included blank copies of A4 papers and pictures. This revelation has cast doubt on the credibility of the materials used during the election. Questions linger about the authenticity and reliability of the results when such irregularities are uncovered.
The Tribal Lines Factor
In the complex tapestry of Nigerian politics, tribal affiliations often play a significant role in determining election outcomes. It is a stark reality that cannot be overlooked. While many believe that Peter Obi had enough votes to win, others argue that the election was heavily influenced by tribal lines, which may have swayed the outcome in different directions.
A Cynical Public and a Historic Challenge
Nigeria’s history is marked by a series of elections and legal challenges, where the courts have often upheld the status quo, leaving many Nigerians skeptical about the integrity of the judicial system. The prevailing perception is that judges may be susceptible to bribery and political pressure, given the country’s high levels of corruption.
The Call for Electoral Integrity
Peter Obi’s election petition is not merely a challenge to the results; it represents a broader call for electoral integrity.
It echoes the voices of those who believe that their votes should count, that their aspirations for a better Nigeria should be realized, and that the electoral process should be free from manipulation..
The prevailing view among any onlookers is that Wednesday’s ruling, like many similar cases in the past, will favour Tinubu, leading to expected protests across the country by angry voters who feel their votes have been ignored.
In the midst of the expected chaos, there will many Nigerians content to have Tinubu in power than any of his two political rivals.
As the tribunal delivers its verdict, it carries the weight of these expectations, and its decision will be a defining moment in Nigeria’s democratic journey.
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