President-Elect Bola Tinubu receiving his Certificate of Return from INEC Chairman, Prof Mahmood Yakubu
Seven Peoples Democratic Party-led states, which filed a suit against the Federal Government at the Supreme Court challenging the victory of the President-Elect, Bola Tinubu, at Saturday’s presidential poll, have discontinued the suit.
The states – Adamawa, Akwa Ibom, Bayelsa, Delta, Edo, Taraba and Sokoto – through their team of lawyers led by Chief Mike Ozekhome, SAN, on Friday, filed a notice of discontinuance of the case.
The Notice of Discontinuance, which was signed by Ozekhome, said, “Take notice that the plaintiffs doth hereby wholly discontinue this suit against the defendant herein…”
The plaintiffs had gone before the apex court to challenge the outcome of the Presidential and National Assembly elections that held on February 25, insisting that the Independent National Electoral Commission, INEC, acted in breach of the Electoral Act, 2022.
In the suit, which had the Attorneys-General of the seven states as plaintiffs and the Attorney-General of the Federation as defendant, the seven states had asked the Supreme Court to intervene in the just concluded presidential election, claiming that the declaration of Tinubu did not follow the provisions of the Electoral Act 2022 and the Independent National Electoral Commission’s guidelines, according to a ThisDay Live report.
The suit was challenging the failure of INEC to upload the election results to the IReV through the BVAS. They also expressed fear of a potential breakdown of public order and civil disobedience.
The plaintiffs had maintained that election results from the 36 states of the federation and the FCT, were not properly transmitted and collated by INEC, as prescribed by the Electoral Act.
The states, which are currently under the control of the opposition Peoples Democratic Party, PDP, in the suit marked: SC/CV/354/2023, further alleged that INEC pulled down its portal harbouring the Regulations and Guidelines it earlier set for the elections.
Consequently, they applied for an order of the apex court, mandating “a holistic review of all results so far announced by the Federal Government of Nigeria through the 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”.
“A declaration that the Federal Government of Nigeria, the 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.
“A declaration that the failure of the Federal Government of Nigeria, the 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 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.
“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.
“A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of the Independent National Electoral Commission 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 invalid, null and void, and of no effect whatsoever”.
As well as an order, “directing a wholistic 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 Independent National Electoral Commission (INEC) had on Wednesday declared Tinubu as the winner of the February 25 election after polling 8,794,726 votes to defeat the Peoples Democratic Party (PDP) candidate, Atiku Abubakar, Mr Peter Obi of the Labour Party, and 15 other candidates in the exercise.
The Attorneys-General of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto States had on Friday morning dragged the Federal Government before the apex court on the conduct, collation, and announcement of the elections’ results.
The plaintiffs in the originating summons marked: SC/CV/354/2023, asked the apex court to order a review of all results so far announced by INEC.
They alleged that the collation and announcement of the results were carried out contrary to 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 states argued that the collation of the election results from the 36 states and the Federal Capital Territory did not comply with the provisions of relevant sections of the Electoral Act, 2022.
They insisted that INEC officials failed to transmit the collated results as prescribed by the provisions of the Electoral Act, 2022, and the INEC Regulations and Guidelines for the Conduct of Elections 2022.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, was listed as the sole respondent in the suit.
They had prior to the notice of discontinuance, applied for accelerated hearing of the case.
It will be recalled that INEC had declared Bola Tinubu of the ruling All Progressives Congress, APC, as winner of the presidential election.
Tinubu defeated 17 other candidates who took part in the election.
He scored a total of 8,794,726 votes to defeat Atiku Abubakar of the PDP who polled a total of 6,984,520 votes and Peter Obi of the Labour Party, who came third with a total of 6,101,533 votes.
Both PDP and LP hadsince rejected the outcome of the presidential election, just as they expressed readiness to challenge it in court.
