Six States drag FG to Supreme Court over Tinubu’s victory

Six states, Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto, have taken the Federal Government to the Supreme Court over the conduct, collation, and announcement of the presidential and National Assembly elections on February 25, 2023.

The States want the Supreme Court to declare that the pronouncement of Bola Ahmed Tinubu, the candidate of the All Progressives Congress, as the winner of the February 25 presidential election is void.

They claimed that the complete presidential election results announced by INEC Chairman at the National Collation Centre in Abuja were in flagrant violation of the requirements of the Electoral Act.

They want a declaration that the inability to upload the results of each of the 176,974 polling units nationwide for the presidential election and National Assembly elections was in violation of the electoral act.

However, in the originating summons marked SC/CV/354/2023, the plaintiffs specifically request that the Supreme Court issue an order “directing a holistic 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 in the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022;

The Attorneys-General of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto states filed the suit, which was brought in accordance with Sections 6 (6) (a), 14 (2) (b), 153 (1) (F), and 232 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as Amended); 2. Sections 25 (1), (2), and 3; and Sections 60 and 66 of the Electoral Act, 2022.

According to the suit filed on February 28 by their lawyers, Prof Mike Ozekhome, a Senior Advocate of Nigeria (SAN), the agents and officials of the Federal Government and INEC failed to transmit the collated results as required 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, which required transmission of the results through the use of Bimodal Voter Accreditation System.

It was their submission that the “Non-compliance with the due process of law has led to a widespread agitation, violent protests, displeasure, and disapproval from a wide spectrum of the Nigerian populace, including international observers, political parties, well-meaning Nigerians and former Head of States of the Federal Republic of Nigeria”.

Whether, having regard to the provisions of Sections 25; 47(2); 60 (1), (2), (4), and (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 Official