Politics

Presidential Election: Atiku, Obi Move To Replicate Kenya, Malawian Rare Judgements

Published

1 year ago

March 16, 2023

Editor

Weeks after the presidential election, many Nigerians have kept hopes alive, believing that their preferred candidate can still be declared winner, this time, not by the Independent National Electoral Commission, INEC, but by the court- the last hope of the common man.

According to the laws of the land, INEC has done its job by conducting, concluding and declaring the winner of the presidential election. The electoral umpire is also bound by the law to review some of its decisions as demanded by some political parties during the collation of results.

The election was said to have witnessed cases of irregularities, votes suppression, massive rigging, manipulations (in the form of rewriting of results and destruction of ballot boxes).

During the collation of results at the national collation centre of the INEC, Abuja, some political parties had staged a walkout over the Commission’s refusal to halt collation of results and to review the process.

The Commission went ahead with the process and announced candidate of the All Progressives Congress, APC, Bola Ahmed Tinubu as the winner of the election,

The INEC said that Tinubu polled a total of 8,794,726 to defeat his closest rivals and candidates of the PDP, Atiku and Obi who, according to the Commission, scored 6,984, 520 and 6,101,533 respectively.

However, the presidential candidates of the Labour Party, LP, Peter Obi and that of the Peoples Democratic Party, PDP, Atiku Abubakar, made their intent to go to court clear.

Peter Obi categorically said he won the election and expressed the hope of reclaiming his allegedly stolen mandate at the apex court, vowing to do whatever is necessary within the law.

However, hardly any presidential election is annulled in Nigeria. This is despite the fact that after every election there must be some form of challenge to the results and fairness of the process.

Notwithstanding, two decisive exceptions to this rule stand out in Africa- namely the invalidation of the controversial re-election of president Peter Mutharika by the constitutional court of Malawi in 2019 and the Kenyan Supreme Court invalidating the re-election of president Uhuru Kenyatta in 2017. In both cases, the decision was final and required a rerun.

Kenya’s Supreme Court had annulled the presidential election, citing irregularities, and ordered a new one within 60 days after the election commission had declared incumbent Uhuru Kenyatta the winner by a margin of 1.4 million votes.

Other elections, such as the governorship, Senate, Houses of Assembly, among others, in Africa have been annulled or cancelled but that of Kenya appeared to be the first time on the continent that an opposition’s legal challenge against a presidential poll result was successful.

In the Malawian judgement, the court nullified the election of President Mutharika, who was declared winner by the country’s electoral umpire in May 2019, citing massive irregularities during the process.

The verdict followed a court challenge filed by Saulos Chilima, leader of the opposition United Transformation Movement Party, UTMP and Lazarus Chakwera, leader of the Malawi Congress Party, MCP.

The court called for fresh elections within 150 days and also reinstated former Vice President Saulos Chilima.

Moreover, most observers (international and local) and members of the international community did not pass good judgement on the February 25, 2023 presidential election in Nigeria, with some of them saying it was marred with irregularities.

For instance, the US embassy in Nigeria admitted the election conducted did not meet the expectations of Nigerians.

Speaking after the result was announced, the US Ambassador to Nigeria, Mary Beth Leonard, noted that many citizens are not happy with the results of the polls.

Also, while congratulating the INEC-declared President-elect, Tinubu, the UK, through its Foreign Secretary, James Cleverly, called on the Nigerian authorities to address the concern of the opposition parties over the organisation of the election.

Other civil society organisations and international observers also noted that the poll was marred by technical challenges.

A coalition of international election observers had blamed INEC for lack of transparency in the conduct of the elections.

The Joint Election Observation Mission (JEOM), involving the International Republican Institute (IRI) and the National Democratic Institute (NDI), led by Joyce Banda, former President of Malawi, spoke in an official gazette released after the election.

The group said 40 of its members were deployed across all six geopolitical regions of Nigeria to observe the voting process, noting that despite the clamours for reforms to the Electoral Act 2022, “Nigerians were mostly not impressed by the conduct of the 2023 presidential and national assembly elections.”

And as Nigerians on both sides of the coin wait patiently for the final verdict of the Supreme Court, supporters of the opposing political parties and candidates will be hoping that the Kenya and Malawi judgements are replicated in Nigeria, while those on the side of victory would not fancy such a historic ruling.

Speaking to DAILY POST on the possibility of the Supreme Court upturning a presidential election in Nigeria, Barr. Olu Omotayo, President, Civil Rights Realisation and Advancement Network, CRRAN, said it is possible for Nigerians to for once witness such ruling, but added that the petitioners must be able to prove their arguments beyond all reasonable doubts,

“In the history of the world it is very rare where you see courts nullifying presidential elections. In this country, we’ve seen where they annulled governorship elections on several occasions,” he said.

“It’s not that [nullifying presidential election] is not possible, but it’s just that you must be able to prove whatever you’re relying upon. So if you’re saying there’s a problem with the election, you must prove it because it’s something that covers the whole country.

“You cannot just say there were irregularities in Lagos so because of that they should cancel the election. You should be able to prove substantially that the irregularities affected the election all over the country and this is the angle people are looking at, that it is not easy because of the population and how large this country is.

“It will not be easy for the petitioner to prove the burden put on his shoulders because the law is in the view that INEC has done what it is supposed to do. So if you’re going to court, just like the presumption of innocence, it’s assumed, under our law, that someone is innocent until proven otherwise.

“So there’s this presumption that INEC has done well, that once they declare the result they’ve done what they were supposed to do. So you that are going to the court will now prove that they’ve not complied with the law and have not done what they were supposed to do. That’s why the burden is heavy on you as a petitioner to prove them otherwise. You that have taken someone to court, it is on you to prove.

“Civil matter is different from criminal matter. In criminal matters, it is presumed that this person is innocent and it’s on you to prove, but you know this electoral matter is special procedure and not just civil matter per se, so if the law says this is what you’ve to establish, you must establish it.

“State is easier because it’s just a micro of the whole country. So it’s easier for people to prove cases of what happened in Local Governments. In Nigeria we have 774 Local Governments. So I’m not saying it’s not possible but it just creates a heavy burden on the petitioner in the presidential election to prove these things.

“According to the law, there’s that presumption of regularity on what INEC has done. But that presumption can be challenged by the petitioner. INEC is protected under the law but it’s only the court that can say that the [electoral umpire] erred.

“The law is on their side. Political parties were calling on them to review their decision but if INEC feels that they don’t have anything to review, it’s only the court that can say the Commission has not done well. So it’s left for the political parties to convince the court.”
DAILY POST

Politics

Edo Guber: We’ll Fight If… – Obaseki Threatens

Published

13 hours ago

May 4, 2024

Editor

Governor Godwin Obaseki of Edo State has warned members of Legacy Group within the state chapter of the Peoples Democratic Party (PDP) to state away from the party else they’ll face his wrath.

Obaseki gave the warning weekend at the inauguration of the state campaign council of the PDP in preparation for the September 21 gubernatorial election in the state.

Obaseki, who described the Legacy Group as disorganised, sheep without shepherd, alleged that they have collected money from the party, adding that is why they are fighting to disorganised the PDP in the state.

The Governor who expressed confidence in the 363-member campaign council, noted that the structure of the campaign council was rooted in all the 192 wards across the state, adding that every organ of the party was captured.

Obaseki, who noted that the PDP has the best candidate and programmes for the people of Edo, said: “The time table is out, can you see any of them (Legacy Group)? Can they organise themselves? PDP leads, others follow.”

Obaseki further said: “PDP is one. Those who are fighting PDP have collected money from the other parties, and they want to sell out, join me so that we can flush them out of our party. Because we are not going to allow anybody to divide us, we are one party; one indivisible party in Edo State.

“The money they have collected is enough, let them go and enjoy it; let them go and spend it outside. We don’t have anything to fear. I will fight them if they try us; we will fight them if they try us. They know us, we never fight and lose, let them come and try. They have collected money, let them stay outside with their money, and not disturb us, because this election is ours and we are going to win by the grace of God.”

Obaseki, who declared that the opposition has no space in Edo, boasted that the PDP has put together hardworking campaign council members who, according to him, were going to deliver 80 per cent of the total votes to the party.

He further said: “By the grace of God, this campaign council will deliver nothing less than 80% of our votes.

“We can’t find them anywhere. They have no place here. They cannot destroy us at the centre and want to still come and destroy us here. We will not allow it. The hunger is too much out there, we are preventing the hunger from coming to Edo.

“Everybody sees what is happening in Nigeria today. You can see the suffering in the land. You can see the struggle in Edo, but we pulled Edo out of those problems. So, our campaign is going to be based on the hope we will give our citizens in Edo State.”

Earlier, the State Chairman of the PDP, Dr. Tony Aziegbemi, disclosed that the campaign council consisted of 363 members, excluding the women and youth wings.

Politics

Edo Poll: PDP Inaugurates Campaign Council, Obaseki Mocks Legacy Group, APC

Published

2 days ago

May 3, 2024

Editor

By Joseph Ebi Kanjo

Ahead of the September 21 gubernatorial election in Edo State, the state chapter of the Peoples Democratic Party (PDP), on Friday, inaugurated a 363-member campaign council, with Governor Goodwin Obaseki describing the other faction known as Legacy Group as disorganised, sheep without sephard.

The governor who alleged that the factional PDP members fighting in the party have collected money from opposition parties to distabilise the party in the state, warned such persons to stay away or face his wrath.

Obaseki said: “PDP is one. Those who are fighting PDP have collected money from the other parties, and they want to sell out, join me so that we can flush them out of our party. Because we are not going to allow anybody to divide us, we are one party; one indivisible party in Edo State.

He further said: “By the grace of God, this campaign council will deliver nothing less than 80% of our votes.

“Everybody sees what is happening in Nigeria today. You can see the suffering in the land. You can see the struggle in Edo, but we pulled Edo out of that problems. So, our campaign is going to be based on the hope we will give our citizens in Edo State.”

He noted that the structure of the campaign council was rooted in all the 192 wards across the state, adding that every organ of the party was captured.

Earlier, the State Chairman of the PDP, Dr. Tony Aziegbemi, disclosed that the campaign council comprised of 363 members, excluding the women and youth wings.

In his acceptance speech, the Director-General of the state campaign council, Matthew Iduoriyekemwen, thanked the governor and PDP faithful for the opportunity to serve the party.

Iduoriyekemwen, however, promised to lead the party to victory come Sept.

In his remarks, the PDP governorship candidate, Barr. Asue Ighodalo, who thanked party faithful and leaders for the confidence repose in him, said Obaseki had laid a functional foundation at every sector that he would build upon.

Politics

Edo Poll: LP Group Hails Tinubu For Adhering To Zoning, Says Party Has Murdered Sleep In The State

Published

3 days ago

May 2, 2024

Editor

A pressure group known as Shine Your Eyes Group, ( SYEG), Thursday, commended President Bola Ahmed Tinubu and the leaders of the All Progressive Congress, APC, in Edo State for adhering to the principle of fairness, equity in the choice of it governorship candidates and running mate.

The group in a statement signed by its Chairman, Comrade Jonah Ifada and Secretary Osagie Omoregie, and made available to INFO DAILY late Thursday night, said the LP has murdered sleep in the state when the leadership of the party decided to go against the core principle of fairness, equity and justice by throwing a candidate from Edo South in a skewed primary.

The group members who are members of the LP in the state, was apparently reacting to a news report by the Benin Youth Council, (BYC), on Wednesday where its appealed to Barrister Ken Imansuangbon to sheath his sword and join hands with Olumide Akpata in his governorship bid.

Shine Your Eyes Group said Akpata should rather step down to a more popular Imansuangbon to avoid embarrassment at the September 21st governorship election in the state, noting that it is not the turn of Edo South.

The group argued, “Look at what President Tinubu and the leadership of APC did in Edo State. They decided to abide by the principle of fairness, equity and justice which are fundamental to any development just like what the PDP did. The Labour party should have taken a cue from the APC.

“Are you saying Olumide Akpata is more popular than great and experienced politicians like Pastor Osagie Ize-Iyamu, Lucky Imansuen and others who decided to drop their ambition in support of zoning? Akpata should do the needful and step down for Imansuangbon now and save the Labour party from shame. Imansuagbon has vowed to fight his case to a logical conclusion”, SYEG noted.

Recall that Imansuangbon had gone to court to challenge the emergence of Olumide Akpata as the candidate of the Labour Party.

Imansuangbon, in his petition, stated that Mr Olumide Akpata committed offences ranging from giving false information to the acquisition of citizenship of another country, which is a grand departure from the Nigerian Constitution’s accepted norms

The educationist wanted the court to determine whether Akpata “has not supplied or otherwise given false information to the INEC within the meaning or contemplation of the provisions of section 29(5) of the Electoral Act 2022 read together with section 182(1) (a) and (j) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), among other allegations.”