Seven PDP states ask court to halt suit challenging Tinubu’s victory

Seven states that approached the supreme court to nullify the victory of Bola Tinubu as the president-elect in the February 25  poll have discontinued the suit.

The Independent National Electoral Commission (INEC) on Wednesday, declared Tinubu, candidate of the All Progressives Congress (APC), as the winner of the poll.

The states, controlled by the Peoples Democratic Party (PDP), — Adamawa, Akwa Ibom, Bayelsa, Delta, Edo, Taraba and Sokoto — through their team of lawyers led by Mike Ozekhome, filed a notice of discontinuance of the case on Friday. 

TheCable learnt that the suit, which has not been heard before the withdrawal notice, was filed on February 28, before the apex court in Abuja. 

It was also gathered that the states had also applied for an accelerated hearing of the case before the suit was discontinued on Friday evening.

THE PRAYERS

In the suit — marked SC/CV/354/2023, which had the attorneys-general of the seven states as plaintiffs and the attorney-general of the federation as a defendant, the seven states had gone before the apex court to challenge the outcome of presidential and national assembly elections that held on February 25, insisting that the INEC acted in breach of the electoral act, 2022.

The plaintiffs 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 alleged that INEC pulled down its portal harbouring the regulations and guidelines it earlier set for the elections.

In their prayers, the states applied for an order 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, 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 a 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,” the suit reads.

“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 a 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.”