Aduragbemi Omiyale
By Aduragbemi Omiyale
Six of the 36 states of the federation have pleaded with the supreme court to declare the victory of the candidate of the All Progressives Congress (APC) in the February 25 presidential election, Mr Bola Tinubu, as null and void.
The Adamawa, Akwa Ibom, Bayelsa, Delta, Edo, and Sokoto State governments are challenging Mr Tinubu’s victory because they alleged that the exercise was flawed because the Independent National Electoral Commission (INEC) violated parts of the electoral act.
As a result, they want the apex court to order “a holistic review of all results so far announced by the Federal Government of Nigeria through 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.
In their originating summons marked: SC/CV/354/2023, the state governments, through their legal counsel, Mr Mike Ozekhome (SAN), argued that INEC failed to upload the results of the presidential poll as earlier stated in its guidelines, giving room for parties to doubt the outcome of the exercise.
Business Post gathered that they emphasised that the electoral body specifically violated “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.”
The states noted that “the failure of the Federal Government of Nigeria, the Independent National Electoral Commission 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.”
Consequently, they want the supreme court to upturn the exercise because of 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,” as they “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.”
