List of 6 States Asking Supreme Court to Nullify 2023 Presidential Election
- Six states under the control of the Peoples Democratic Party (PDP) have dragged the federal government to the Supreme Court over the 2023 Presidential Election
- The states, among other things, want the apex court to declare null and void the results of the keenly contested poll
- The PDP-controlled states hinged their argument on the failure of INEC to immediately transmit the polling unit results to its portal
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FCT, Abuja - Six states under the control of the Peoples Democratic Party (PDP) have dragged the federal government before the Supreme Court over the conduct of the February 25 presidential and National Assembly elections.
The suit filed by the Attorneys General of the six states has the Attorney General of the Federation as the sole respondent, The Punch reported.
Source: Facebook
2023 presidency: List of the states behind the suit
- Adamawa state
- Akwa-Ibom state
- Bayelsa state
- Delta state
- Edo state
- Sokoto state
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Why we want presidential election nullified - States
The plaintiffs predicated their case on the grounds that the collation of the Presidential and National Assembly election results from the 36 states and the Federal Capital Territory (FCT) was not carried out in compliance with the mandatory 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.
In the suit filed by their lawyer, Mike Ozekhome (SAN). the states said 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 and other relevant guidelines which requires transmission of the results by the use of Bimodal Voter Accreditation System (BVAS).
According to the states, the INEC's failure to transmit the results to its result viewing portal has led to widespread agitation, violent protests, displeasure, and disapproval from a wide spectrum of the Nigerian populace, including international observers, political parties, and former heads of states.
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.
“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," they said.
2023 presidency: Issues we want Supreme Court to rule on
Amongst other issues raised, the states want the Supreme Court to rule on whether the FG and INEC were bound to electronically transmit or transfer polling unit results using BVAS to Result Viewing Portal (IReV) in the course of the February 25 elections.
“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.”
Adamawa, five other states want Supreme Court to declare the results of the election null and void
The plaintiffs urged the apex court to declare the FG through INEC was bound to electronically transmit or transfer polling unit results to the electoral body's results viewing portal.
They also want the apex court to declare that the entire results of the just concluded presidential election were in flagrant violation of the provisions of Sections 25 of the Electoral Act, 2022, and were, therefore, 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.
“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."
Legit.ng gathers that no date has been fixed for the hearing.
Nigerian lawyer Festus Ogun reacts
Reacting, Festus Ogun, a constitutional lawyer, said the suit filed by the six states asking the Supreme Court to declare as null and void the results of the presidential election is "a gross abuse of court process and a dangerous usage of legal means to escalate tension in Nigeria."
According to Ogun, the apex court lacks the jurisdiction to entertain the suit as a court of first instance.
"Section 232 of the 1999 Constitution provides that the Supreme Court shall exercise original jurisdiction only in disputes between the Federation and a State or between States," he said.
Peter Obi, Atiku ask court for permission to inspect election materials
Earlier, Legit.ng reported that the presidential candidates of the PDP, Atiku Abubakar, and his counterpart in the Labour Party (LP), Peter Obi, asked the Presidential Election Court (PEC) in Abuja to allow them to inspect materials used for the February 25 election.
Their request was contained in two ex-parte motions they filed at the PEC secretariat at the Court of Appeal, Abuja.
Both motions, with the Independent National Electoral Commission (INEC) and two others as respondents, are listed for hearing on Friday, March 3.
Source: Legit.ng
