₦airaland Forum

“I would have funded it aggressively. It doesn’t matter whether the schools are owned by private individuals or government. We will fund them aggressively because it is critical and important.“

1. Kashim Shettima’s double nomination
2. Bola Tinubu’s forfeiture of $460,000 to the US government
3. Transmission of election results from polling units to the IReV portal in real-time
4. Tinubu’s failure to win 25% in Abuja
5. Discrepancies between the margin of declared results and evidence from Form EC8A
6. Irregularities in result from the IREV portal
7. Manipulation of election results
8. Peter Obi won Rivers and Benue State
9. Why FTC is not to be considered a state
10 Kenya 2017 election

Five months after the February 25, 2023, presidential election, the heat generated by the election is yet to subside s as the two major opposition candidates have approached the presidential election petition tribunal calling for the nullification of Bola Tinubu’s emergence as Nigeria’s 16th president.

In what many consider as Nigeria’s most talked about presidential election tribunal since the country returned to democracy in 1999, Peter Obi, the presidential candidate of the Labour Party who came third, and Atiku Abubakar of the Peoples’ Democratic Party (PDP), who finished second with a total vote of 6.9 million votes, are asking the court to void the election and disqualify Tinubu and conduct a rerun.

Since 2005, nine Nigerian governors have regained their mandate through the court after they were rigged out at the poll. Despite the legal fireworks that have trailed presidential polls for over 20 years, no Nigerian president has ever been removed from office by the judiciary. However, Peter Obi, who became the governor of Anambra State after the Appeal Court declared him the winner on March 15, 2006, after nearly three years of legal battle, is again praying the court to nullify the 2023 presidential election.

In his final address to the tribunal, in response to INEC and the All Progress Congress’ (APC) final defense, Obi, among other things, is seeking a rerun in which Bola Tinubu will not be eligible to contest.

Here are 10 main points upon which Peter Obi’s case is based.

1 Kashim Shettima’s double nomination

According to the final address, Peter Obi claims that Vice President Kashim Shettima was the nominated candidate for the Borno Central Senatorial District before Tinubu nominated him as running mate. Their debate is based on Section 35 of the Electoral Act 2022, which states that “where a candidate knowingly allows himself to be nominated by more than one political party or in more than one constituency, his nomination shall be void.”

The address claims that Shettima was nominated as the Vice Presidential candidate on July 14, 2023, while he was still a senatorial candidate.

Peter Obi argues that the “invalid nomination of Shettima as the Vice Presidential candidate nullified the nomination/election of Bola Tinubu as the Presidential candidate, within the meaning of the provision of section 142 of the 1999 constitution as amended.

2 Bola Tinubu’s forfeiture of $460,000 to the US government

While Tinubu’s alleged money laundering and drug-related crimes have been public knowledge, the 2023 election saw a renewed public interest as many Nigerians demanded further investigation and proper clarification.

Peter Obi and his legal team are claiming that the forfeiture of $460,000 by the former governor of Lagos state amounts to a fine and contravenes section 137 (1) (d) of the Nigerian constitution.

Section 137 (1) (d) states that “a person shall not be qualified for election to the office of President if he is under a sentence of death imposed by any competent court of law or tribunal in Nigeria or a sentence of imprisonment or fine for any offense involving dishonesty or fraud (by whatever name called) or for any other offense, imposed on him by any court or tribunal or substituted by a competent authority for any other sentence imposed on him by such a court or tribunal.”

3 Transmission of election results from polling units to the IReV portal in real-time

One of the controversial issues raised during the presidential election was the purported delay in the transmission of the presidential election results to the IReV portal from the polling units as promised by the electoral body.

The Electoral Act signed by former president Muhammadu Buhari in 2022 gave INEC the legal backing to introduce and use any technology for the conduct of elections. One of the technologies introduced by the commission was the use of the Bimodal Voter Accreditation System (BVAS) and the Result Viewing Portal (IREV). However, INEC, in their written address to the tribunal, has claimed that during the presidential election, there were technical glitches that prevented the uploading of results, although the National Assembly election, held on the same day, using the same BVAS, was largely uploaded to the portal.

Peter Obi argues that INEC’s failure to “transmit or upload the result of the presidential election held on February 25, 2023, was a violation of the collation process prescribed under the Electoral Act and also substantially affected the result of the election.”

4 Tinubu’s failure to win 25% in Abuja

Peter Obi’s final address against INEC and Tinubu is also partly hinged on the widely debated section 134 of the Nigerian constitution, which provides that for a “presidential candidate to be declared the winner, they must have the highest number of votes cast at the election and not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja.”

The controversy regarding Abuja votes has continued to divide opinions among citizens and legal practitioners.

“From the purported result of the presidential election announced/declared by INEC on March 1, 2023, Bola Tinubu and Shettima as candidates of the APC did not win one-quarter (25%) of votes cast at the election held on February 25, 2023, in the federal capital territory, as required by the correct meaning and interpretation of the provision of section 134 (2) (b) of the 1999 constitution as amended,” the petition reads in part.

5 Discrepancies between the margin of declared results and evidence from Form EC8A

Peter Obi is also asking the court to nullify the election based on uncovered irregularities from Form EC8A. In the evidence brought to the court, the petitioners claimed that results from 18,088 polling units were blurred copies of Form EC8A, which shows that the total number of accredited voters and the number of collected PVCs in those polling units were 2,565,269 and 9,165,191, respectively. But with the results blurred and ineligible to read, the 2.5 million accredited voters in those polling units were far more than the margin Tinubu surpassed Peter Obi in the declared result from those polling units. Hence, the election ought to be nullified/invalidated.

6 Irregularities in result from the IREV portal

There has been a wide claim that some of the uploaded results on the IReV portal were blurred, while others were not result sheets or were entirely inaccessible.

Peter Obi also claimed that 39,546 polling units, with 23,119,298 people who collected their PVCs and 5,532,553 voters who were accredited to vote in those polling units, were inaccessible on the IReV.

“The figure of 23,119,298 and/or 5,532,554 referred to above is far more than the purported margin of lead in the INEC announced the return of the election, for which the election itself ought to be declared as inconclusive, invalid, and or null and void,” the petition reads in part.

7 Manipulation of election results

The 2023 presidential election was characterised by allegations of result manipulation, mutilation, and cancellation of results. In their final address to the tribunal, Peter Obi and his legal team claimed that INEC’s refusal to provide some certified copies of the ‘top copies’ (Electoral Operation Copies) shows sufficient proof of irregularities.

8 Peter Obi won Rivers and Benue State

In INEC’s declared results, Tinubu won Benue State with 310,468 votes, closely trailed by Peter Obi who polled 308,372. Also, in Rivers State, there was a surprising turn when Tinubu was declared the winner of the oil-rich state with 231,591 votes after Obi maintained an earlier lead. In Obio-Akpor, the Local Government Area of ex-governor Nyesom Wike, Tinubu scored 80,239 while Obi scored 3,829, which sparked debates that the election results from the LGA were doctored.

However, in the final address to the tribunal, Peter Obi said that results uploaded to the IReV portal showed that he won Rivers State.

“A significant highlight of the expert Data Analysis (Data Report), produced by PW4, is that upon a proper and accurate computation of the result of the election in Rivers and Benue States, using the Forms EC8As uploaded on the IReV, and the certified copies of the Forms EC8As given by the 1st Respondent to the Petitioners, is that the Petitioners won the Presidential election held in Rivers and Benue States,” the address read in part.

9 Why FTC is not to be considered a state

Citing Abubakar v. Yar’ Adua (2008), Peter Obi and his legal team described ‘and’ as used in section 134 (2) (b) of the constitution as a conjunctive. This means that ‘and’ as used in that section (has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja) was an adjective that formed a combination between the two phrases.

The petitioners lay claim that “the language of the Constitution is clearly to the effect that a candidate to be declared a winner of the Presidential election must secure at least one quarter (25%) of the votes cast in two-thirds of the entire 36 States of the Federation (that is in 24 states). Additionally, that candidate must also secure not less than 25% of the votes cast at the Federal Capital Territory, Abuja.”

10 Kenya 2017 election

In their conclusion, the petitioners borrowed the final Supreme Court judgment between Raila Odinga and Anor Vs Independent Electoral and Boundaries Commission and ORS in 2017, where the apex court of Kenya removed Uhuru Kenyatta and reminded the tribunal judges that neglecting evidence before them would be a dereliction of their duties.

The ruling reads in part, “To dishonestly exercise that delegated power and to close our eyes to constitutional violations would be a dereliction of duty, and we refuse to accept the invitation to do so, however popular the invitation may seem. Therefore, however burdensome, let the majesty of the Constitution reverberate across the lengths and breadths of our motherland; let it bubble from our rivers and oceans; let it boomerang from our hills and mountains; let it serenade our households from the trees; let it sprout from our institutions of learning; let it toll from our sanctums of prayer; and to those who bear the responsibility of leadership, let it be a constant irritant.”

muykem:
God bless them greatly. He said Oyetola didn't sustain his education legacy so he supported Adeleke against him. I told them that my stubborn child is better than a decent child of enemy.

endsarrrs:
We need our own type of governance that works for us

Guestlander:
Servant leaders like the one who was ripping off Anambra people by putting their money in a fixed deposit in his own bank.

Cooly100:
I know sit at home might not be the best option, but what if they have exhausted the option of meeting the governors with no result...

This should be resolved amicably as the masses are suffering.

There was this picture of the former President, Muhammadu Buhari, picking his teeth in a relaxed mood. Whatever his image handlers intended to achieve in releasing that photo to the public, was a serious disservice to him and all that he pretended to represent before coming to office. It showed how lifeless and disconnected he was with the people.

At the time Buhari took that shot, many Nigerians were being kidnapped or killed by terrorists, insurgents and other shades of criminals. Nigerian students were out of school for eight months, due to the industrial action by the Academic Staff Union of Universities (ASUU), which made them lose one session. The same period, some citizens were displaced by flood and other natural disasters, while others, due to extreme poverty, could barely eat. 133 million Nigerians, representing 60 per cent of the population, were at the time, multidimensionally poor, according to reports by the National Bureau of Statistics (NBS).

That was the time Buhari found auspicious to pose for snap shots. What readily came to mind was the image of Ancient Rome’s infamous emperor, Nero, playing the fiddle while his city went up in flames. Nothing could be more callous.

You would therefore expect those coming after Buhari to learn from that crass indiscretion and show some empathy to the people. But on the contrary, the presidency under Bola Tinubu and National Assembly headed by Senator Godswill Akpabio, have been more scandalous in exhibiting profligacy. In his first visit to Lagos after his inauguration, Tinubu cruised on a motorcade that was estimated at over 100 vehicles. Akpabio does so in his outings within and outside Abuja.

In an amended 2022 supplementary budget, the National Assembly approved N70 billion for itself to support the “working conditions” of new lawmakers. A hefty sum was equally allocated to the judiciary. Conversely, farmers who suffered the devastating 2022 floods across the country would be getting N19 billion. It took massive outrage by Nigerians for Tinubu to order a review of a nauseating paltry N8,000 per month he had packaged as palliative for 12 million Nigerian households for six months.

This is our absurd template for leadership. It is a system in which while the leaders luxuriate in unconscionable lucre, the people step further into poverty. Sudden removal of fuel subsidy and harmonization of the hitherto multiple exchange rates – two critical policy decisions taken by Tinubu on the day of his inauguration – have put Nigerians under huge stress. As of Friday, July 21, a litre of petrol sold for N617 in Lagos and varied in other parts of the country, with fears of further hike in the months ahead. The Naira kept falling before other currencies.

Elsewhere, this is a time when leadership matters. It is on occasions as this that genuine leaders identify with the people, sharing in their joy and feeling their pains. That was a major quality that stood the former South African President, Nelson Mandela, from the crowd. He knew when to cry with the people and when to laugh with them. Jovan Kurbalija, the Executive Director of DiploFoundation and member of the UN Working Group on Internet Governance, captured it brilliantly in his August 7, 2022, updated piece, ‘Mandela, a giant of empathy’. Mandela, he argued, led one of the most remarkable political transitions in modern history, but did more in helping humanity rediscover the relevance of empathy, compromise and politics.

“Mandela was a ‘giant of empathy’, a person who could step in the shoes of his opponents and not only see their point of view but also dig deeper through their layers of fears and hopes. Most of what he did came from this powerful empathy… whether it was helping one of his jailers to prepare for his exams or attempting to understand the Afrikaners’ fears or to engaging with kids. His empathy also became clear through his sense of humour. Empathic people are often humorous; they can switch perspectives and ridicule the obvious and the expected,” he wrote.

Nigerian leaders are not known for empathy to the people. They rather interpret fellow-feeling as a sign of weakness. Seeing the ordinary citizens wallow in poverty gives them joy, in a way. That is where former Anambra state governor and standard bearer of Labour Party (LP) in the February 25 presidential election, Peter Obi, shows remarkable difference and exceptional discipline. Wednesday, July 19, was his 62nd birthday. For a man of immense means and extensive network of contacts even before going into public service, the expectations would have been of grandiose celebrations. But he chose to remain his simple, austere self.

Two days to the time, he alerted his friends and well-wishers on how he wanted to mark the day. He wrote; “Wednesday, 19th July, 2023, marks my 62nd birthday. While I remain immensely grateful to God for His infinite mercies, I still maintain my decision of over 20 years that I will not celebrate my birthdays in today’s Nigeria, with the current deplorable state of the nation.

“However, some friends, members of the Labour Party, and OBIdient Family and supporters have asked how they can join me in celebrating that day, and even present some gifts. Let me humbly and respectfully appeal to all those who desire to celebrate me with any kind of gifts, to look around them, and extend such gifts to the people in need, especially in these difficult times.

“I urge them to visit hospitals, orphanages and homes for the aged and people with disabilities and offer them such generous gifts. They can also visit schools of basic studies in remote areas and support them with the basic amenities they need.

“Those who wish to do more can visit various IDP camps in different parts of the country. I intend to do the same thing. Aside from sharing my time and resources with the less fortunate people around me, I plan to raise money for schools, hospitals, etc.

“I have already said that the sacrifices for a better Nigeria must now start from us, the leaders and the well-placed. The state of our nation must give us cause to pause and ponder. There is far too much insecurity, violence and bloodshed”.

That is the vintage Peter Obi. In keeping to his pledge, he visited the Internally Displaced People (IDP) Camp, in Mangu, Plateau State to mark the day with inmates. In several ways, he falls into the class of leaders, the iconic Igbo leader, Dim Chukwuemeka Odumegwu-Ojukwu recommended for Nigerians in his well-received book, Because I am involved. Ikemba recommended that such leaders should be servants of the people, not their masters; should serve first the common man and should ensure fairness and equity to the various groups in the country. Obi approximates such talents.

While campaigning, he repeatedly told Nigerians, “I am not contesting because I want a political appointment but to serve this country and unite Nigeria”. It takes passion and commitment to the commonwealth to enter into such covenant with the people.

His record in human and material resource management while serving as Anambra State governor remains an open copy. In a system characterized by departing governors leaving their successors with debts and the treasury in red, Obi did the extra-ordinary in maintaining a clean record. He remains a study in good governance and reference point for those in power.

gidgiddy:
If people are enforcing sit at home, and your government cannot stop despite all the resources it has, then may be your government should negotiate with them

nairalandkachy1:
Just an answer ...

- Low

https://twitter.com/nigeriantribune/status/1684203263027998724?t=jk1KkL8F360yOkh8uDEmYw&s=19[/quote]Low

gidgiddy:
Sit at home not likely to stop for a long time to come and Nigeria is not likely to ever be a peaceful country

Thats the price we all pay for wanting a "one Nigeria" based on fraud, injustice and deceit

premiumtimesdly:
Alright

This post right here

https://www.nairaland.com/7772552/w

I deleted my account there because I can’t delete the post. However, your quote still makes my number appear on search engine. Please can you just help me modify your comment by clearing my number on the quote?

Thanks a lot, I look forward to seeing your response. As regards the issue, it’s been sorted already. Thank you so much

Trumpcard05:
APC claimed that Shettima wrote his withdrawal letter on the 6th of July, but the INEC withdrawal form he signed is dated 15th July 2022. This is attached to the 6th of July letter.

Again documentary evidence before the tribunal as produced by both INEC and APC show their many lies. BAT disqualification is imminent barring any further abracadabra by the Judiciary.

Game Over!

Laggafin:
They will be thrown out soon.. Insha Allah

aswani:
In the US, where the incident happened, a Forfeiture is not necessarily a punishment to the person that forfeited the property or monies.

A conviction is a punishment that results in a fine or imprisonment, a Forfeiture is not a Conviction.

The third party that paid money into President Tinubu's account was punished because their monies, as identified by the prosecuting authorities, in his account was taken away from them. President Tinubu wasn't punished as none of his money was taken from him.

booblacain:
That's his opinion, it's the court that determines if it's a crime or not.

Mr. Oseloka Obaze, a former secretary to the government of Anambra State and a chieftain of the Labour Party, has noted that winning 25% of the votes cast in Abuja, the Federal Capital Territory, is required, and that forfeiting money is a punishment for a crime. He notes that these are the truths that need to be said.

Mr Oseloka Obaze made this disclosure in a tweet he made on his twitter handle, while reacting to the petition that is presently pending before the Presidential Election Petition Tribunal. He also urged Nigerians not to upend the rule of law.

He wrote: “By Supreme Court Precedent: Winning 25% of FCT is mandatory! Forfeiture is penalty for a crime!! These are the truth!! Nigerians let’s not upend the rule of law!!!”

It should be recalled that that Labour Party and the Peoples Democratic Party, PDP, and their Presidential Candidates, are presently in the court, challenging the election that produced Bola Ahmed Tinubu as the President.

In a petition filed by Obi and Atiku, they claimed that for any one to be declared as the President, the person must secure at least 25% of total votes cast in FCT Abuja.

In another separate Petition, they claimed that Tinubu is not qualified to contest for the presidential election, having forfeited some amount of money in the United States, many years ago.

Be it as it may, Nigerians are waiting for the court to give its judgement on these issues.

CannibalTorment:
If your are frustrated by your mother attitude face her, she is not here.

EdoBoy90:
.

What is the acronym of PEPT?

Presidential Election Petition Tribunal.

Case starts at Tribunal

From Tribunal to Court of Appeal.

From Court of Appeal to Supreme Court.


Some of you guys are not in this country.

CannibalTorment:
Even Reno omokri Atiku's supporter said Tinubu was confirmed as bonafide student of Chicago State University

A source who is in the Atiku legal team in the United States said, under condition of anonymity, that “giving the pretentious approach with which President Tinubu is attempting to conceal his educational background, it is obvious that there is something fishy about his claims.

In a further desperate bid to conceal information pertaining to his educational qualifications, the President of Nigeria, Asiwaju Bola Tinubu has asked a court in the United States to strike out a subpoena seeking details of information about his claim to have attended the Chicago State University.

The move by the President was sequel to subpoena dispensed by counsels to his arch rival in the last presidential election, Atiku Abubakar of the Peoples Democratic Party, urging the Chicago State University to appear for deposition upon oral examination in respect to the claim of Tinubu being a graduate of the institution.

The subpoena issued by counsels to Atiku on July 11, 2023, is requesting a representative of the institution to enter depositions on July 21.

The petition by Atiku had specifically queried the authenticity of documents relating to Tinubu’s attendance of the Chicago State University.

The petition claims in part, “that Mr. Tinubu had previously asserted that he attended various educational institutions located in the Chicago area, including but not limited to Chicago State University.

“To test the truth and veracity of Mr. Tinubu’s assertion, Petitioner must depose a corporate representative of the Respondent (Chicago State University) regarding educational records of lack thereof from respondent.

“To identify and determine if Mr. Tinubu attended above-mentioned institution, Petitioner needs disposition testimony regarding the following information: admission information pertaining to Mr. Tinubu, proof of enrollment and attendance of Mr. Tinubu, and any degrees Mr. Tinubu attained from the respondent.”

However, rather than accede to the request to make open his educational background and claims, President Tinubu instructed his lawyers to ask the court to, “quash the subpoena, strike out the petition.”

Tinubu, through his lawyer, had hinged his application to the court in quashing the subpoena on technical grounds.

A source who is in the Atiku legal team in the United States said, under condition of anonymity, that “giving the pretentious approach with which President Tinubu is attempting to conceal his educational background, it is obvious that there is something fishy about his claims.

“We shall approach the court again to set aside his request, and it is in the interest of our country, Nigeria, that we must get to the roots of this matter.”

The source did not mention the next line of strategy to be adopted in responding to the matter.

Strafudeen:
Since forever, elections have been rigged in nigeria, without consequence.

Contestants go to court and Nigerians lose interest and move on.

But this one I am seeing is paining my eye oo.

Without noise, this man has held the entire corrupt political system on chokehold .

People in aso rock are panicking

Judges are panicking

INEC is panicking


Yet the man is so quiet, at peace and always smiling....

Which kind person be this


Kaiiiii


Tinubu who send you contest against obi?

APCNig:
From Election Tribunal to Court of Appeal, and from the Court of Appeal to the Supreme Court where the final judgment will be delivered.