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Updated: Supreme Court affirms Tinubu as Nigeria’s President

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Updated: Supreme Court affirms Tinubu as Nigeria’s President

 

The Supreme Court has upheld the election of Bola Tinubu as Nigeria’s President as declared by the Independent National Electoral Commission.

Tinubu of the All Progressives Congress (APC) was affirmed the valid winner of the presidential election conducted on February 25, 2023.

The apex court gave the affirmation on Thursday in a judgment delivered by leader of the seven-member judges, Justice Inyang Okoro, and consented to by other judges.

After the Supreme Court had dismissed the application of Atiku for admittance of fresh evidence of forgery against Tinubu, it went on to knock off the other seven grouses listed as the ground for nullifying the election victory of Tinubu.

Details of the judgment

The apex court held that there was no merit in the petition that a former President and candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, filed to nullify the outcome of the election.

It gave the same verdict on the case of Peter Obi of the Labour Party, saying the issues were similar.

It declared that Atiku/Obi did not prove that INEC did not substantially comply with provisions of the Electoral Act, in the conduct of the election.

The apex court held that section 185(1) of the Evidence Act provided that an election should not be liable to be invalidated, when alleged non compliance did not substantially affect the outcome of an election.

It held that evidence contained in the record of the appeal showed that the Appellants abandoned the duty imposed on them by the law to not only prove the alleged non compliance, but to establish that failure of INEC to transmit results of the election through its IReV portal, influenced the outcome of the presidential poll.

The Supreme Court said it had in past judgment made it clear that there was a difference between election result collation system and the IReV portal.

“Where the IReV portal fails, it does not stop the collation which up till the last election was manually done,” the court held.

But it stated that INEC’s failure to electronically transmit results of the election, denied the electorates the opportunity to follow and cross-check results that were eventually uploaded.

“Truth must be told, the non transmission of results to the IReV portal may also reduce the confidence of the voting population in the electoral process,” the Supreme Court warned.

It held that the unavailability of results on INEC’s IReV portal “for whatever reason, could not be the reason for an election to be nullified.

The apex court held that Atiku and PDP did not prove that they suffered any miscarriage of justice as a result of the dismissal of their petition by the Presidential Election Petition Court.

It described as misconceived and misplaced, Atiku’s contention that Tinubu ought not have been declared winner of the presidential election, having failed to secure 25% votes in the Federal Capital Territory, FCT, Abuja.

The apex court affirmed the position of the PEPC that the FCT does not have a status that is more special than that of the 36 States of the federation.

It further upheld the striking out the evidence of some of the witnesses that testified for Atiku at the PEPC hearing, adding that most of the witnesses gave “inadmissible hearsay” evidence.

“The Appellants did not present any evidence to warrant the interference of the findings of the lower court,” head of the apex court panel, Justice Okoro, added.

On the issue that President Tinubu was involved in a drug related case in the USA that led to the forfeiture of $460, 000, the Supreme Court held that Tinubu raised the issue when the Respondents had already filed their process.

It held that the action denied the Respondents the right to fair hearing.

“The ruling of the lower court is unassailable and this court will not interfere,” it held.

The court held that whereas Atiku alleged that the result that was declared by INEC was not accurate, he, however, failed to put forward their perceived rightful result.

It held that the result announced by INEC was presumed as correct in the absence of “any rival or alternative result.”

“The figure before us shows that the 2nd Respondent won the highest number of votes and was duly declared winner.”

Consequently, the court, resolved all the issues that Atiku raised in his petition, against him.

“On the whole, having resolved all the issues against the Appellants, it is my view that there is no merit in this appeal and it is hereby dismissed.

“Judgement of the lower court delivered on September 6 is hereby affirmed. I shall make no order as to cost,” the Supreme Court declared.

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INEC recognises David Mark-led ADC, validates Atiku’s candidacy

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INEC recognises David Mark-led ADC, validates Atiku's candidacy

INEC recognises David Mark-led ADC, validates Atiku’s candidacy

The Independent National Electoral Commission (INEC) has confirmed that it will recognise only the candidates submitted by the Senator David Mark-led leadership of the African Democratic Congress (ADC) for the 2027 general elections, effectively clearing former Vice President Atiku Abubakar and 470 other candidates to contest on the party’s platform.

The electoral commission’s clarification settles, for now, the dispute over which faction of the ADC is authorised to submit candidates for the 2027 polls, even as legal battles over the party’s internal leadership continue.

Speaking on the development, INEC National Commissioner and Chairman of the Information and Voter Education Committee, Mohammed Haruna, disclosed that the commission granted the David Mark-led leadership access to its secure candidate nomination portal following a Supreme Court judgment affirming the faction’s leadership of the party.

According to Haruna, the recognised leadership has already uploaded candidates for 471 elective positions, comprising two presidential candidates, 109 senatorial candidates, and 360 House of Representatives candidates.

“Yes, we gave the Mark-led faction the code based on the recent Supreme Court judgment that affirmed his leadership of the party, and the faction has since submitted most of its candidates for a total of 471—presidential (2), senatorial (109) and House of Representatives (360) constituencies,” Haruna said.

He added that the Supreme Court did not authorise INEC to receive nominations from the rival faction, stressing that the group had already lost its appeal seeking recognition.

“The court, however, did not say we should accept any submissions by the rival faction which, in any case, had lost its appeal for recognition,” he stated.

Haruna further disclosed that the commission would carefully study the Certified True Copy (CTC) of the latest Court of Appeal judgment before taking an official position on its implications for the party’s internal affairs.

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According to him, INEC will only make a formal decision after examining the details of the appellate court’s ruling.

The clarification followed claims by the rival ADC faction led by Nafiu Bala Gombe, which alleged that it had obtained access to INEC’s nomination portal and successfully uploaded candidates for the 2027 elections.

Reacting, the ADC welcomed INEC’s position and accused the rival faction of attempting to mislead Nigerians by circulating forged documents.

In a statement signed by the party’s National Publicity Secretary, Bolaji Abdullahi, the party said INEC had confirmed that the document circulated by the rival faction claiming access to the commission’s nomination portal was forged.

According to the party, falsely claiming access to INEC’s restricted nomination platform is a serious offence capable of undermining public confidence in Nigeria’s electoral process.

The party therefore urged INEC and security agencies to investigate those behind the alleged forgery and prosecute anyone found culpable in accordance with the law.

The development comes shortly after the Court of Appeal upheld an earlier Federal High Court judgment restraining INEC from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the ADC.

However, the party maintained that the appellate court’s decision relates only to the conduct of ward, local government and state congresses, insisting that it has no effect on the direct primary elections through which its presidential, senatorial and House of Representatives candidates emerged.

The ADC said the ruling does not invalidate the emergence of Atiku Abubakar as its presidential candidate or affect the validity of candidates already nominated for the 2027 elections.

Political observers say INEC’s latest clarification provides greater certainty over the party’s candidate nomination process, although the broader legal dispute over the ADC’s leadership structure is expected to continue in court.

With the nomination process now largely concluded, attention is expected to shift to the resolution of pending litigation, campaign preparations and political realignments ahead of the 2027 general elections.

The recognition of the David Mark-led ADC is also viewed as a significant boost for the opposition coalition that adopted the party as its platform to challenge the ruling All Progressives Congress (APC) in the next presidential election.

As legal proceedings continue, analysts believe the courts will ultimately determine the outstanding issues surrounding the party’s internal leadership, while INEC remains guided by existing judicial pronouncements in administering the electoral process.

INEC recognises David Mark-led ADC, validates Atiku’s candidacy

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Appeal Court upholds judgment barring INEC from recognising ADC state congresses

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Appeal Court upholds judgment barring INEC from recognising ADC state congresses

Appeal Court upholds judgment barring INEC from recognising ADC state congresses

The Court of Appeal has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a 2-1 majority decision delivered in Abuja on Monday, a three-member panel of the appellate court dismissed the appeal challenging the earlier judgment, affirming that the Federal High Court acted within the law when it issued the restraining orders.

The lead judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, held that the appeal lacked merit and reaffirmed the validity of the lower court’s ruling. However, Justice Abba Mohammed dissented, maintaining that the dispute was an internal affair of the political party and therefore outside the jurisdiction of the court.

The legal battle stemmed from a suit filed by seven aggrieved members of the ADC, including elected state chairmen and officials, who challenged the dissolution of the party’s state executive committees and the appointment of caretaker committees to organise state congresses.

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The plaintiffs argued that the David Mark-led caretaker committee lacked the constitutional authority under the ADC Constitution to dissolve elected state executives or appoint committees to conduct state congresses.

They also contended that the actions of the caretaker leadership violated the party’s constitution and sought an order preventing INEC from recognising any congresses conducted by the appointed committees.

In its judgment, the Court of Appeal agreed that the issues raised went beyond an ordinary internal party disagreement because they involved the constitutional responsibilities of INEC under Nigeria’s electoral framework.

The appellate court ruled that where allegations involve breaches of constitutional provisions and statutory obligations imposed on the electoral commission, the courts have jurisdiction to determine such disputes.

The judgment affirmed the earlier decision of the Federal High Court, which restrained INEC from recognising, monitoring or participating in any ADC state congresses organised by committees appointed by the caretaker leadership pending the resolution of the substantive issues.

The court also upheld the lower court’s order preserving the tenure of the party’s elected state executive committees, declaring that their four-year mandate remains valid until lawfully terminated in accordance with the party’s constitution.

Additionally, the appellate court restrained the caretaker leadership from interfering with the functions of the elected state executives pending the determination of the substantive suit.

In the minority judgment, Justice Abba Mohammed argued that the matter was purely an internal affair of the political party and should not have been entertained by the Federal High Court.

However, the majority judgment prevailed, meaning the orders of the trial court remain binding unless overturned by the Supreme Court.

The Court of Appeal also awarded ₦10 million in costs against the appellant in favour of the respondents.

The ruling represents another significant development in the leadership crisis within the African Democratic Congress, a party that has recently attracted national attention following the emergence of a coalition of opposition politicians ahead of the 2027 general elections.

Legal experts say the judgment reinforces the principle that while political parties enjoy internal autonomy, their activities remain subject to judicial scrutiny whenever constitutional provisions, electoral laws or the statutory responsibilities of INEC are involved.

The decision also means that INEC cannot lawfully recognise or act on the outcome of any disputed ADC state congresses conducted by committees appointed by the David Mark-led caretaker leadership until the legal issues are finally resolved.

Observers believe the judgment could influence the party’s preparations for future congresses, conventions and candidate selection processes as political realignments continue ahead of the next general elections.

Appeal Court upholds judgment barring INEC from recognising ADC state congresses

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Osun governorship election: Governor Adeleke invites EU to monitor August 15 poll

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Osun governorship election: Governor Adeleke invites EU to monitor August 15 poll
Osun State Governor Ademola Adeleke and Austrian Ambassador to Nigeria, Mr. Peter Guschelbauer

Osun governorship election: Governor Adeleke invites EU to monitor August 15 poll

Osun State Governor Ademola Adeleke has appealed to the European Union (EU) to deploy an election observation mission for the forthcoming Osun governorship election, saying international monitoring will strengthen transparency, promote compliance with Nigeria’s electoral laws and boost public confidence in the democratic process.

The governor made the appeal while receiving the Austrian Ambassador to Nigeria, Mr. Peter Guschelbauer, at the Government House in Osogbo, as preparations intensify for the August 15 governorship election, widely regarded as one of Nigeria’s most significant off-cycle elections ahead of the 2027 general election.

Adeleke said the European Union has built a strong reputation for promoting credible elections through its observation missions in democratic countries and expressed confidence that its presence in Osun would further enhance the credibility of the poll.

According to the governor, international observers play an important role in encouraging compliance with the Electoral Act, promoting transparency and reassuring voters that their votes will count.

“I urge the European Union to take special interest in the forthcoming Osun State election. The observer intervention of the European Union will strengthen compliance with democratic practices and the Electoral Act for a free and fair poll,” Adeleke said.

The governor reaffirmed his administration’s commitment to ensuring a peaceful, transparent and credible election, assuring residents, political parties and other stakeholders that the state government would continue to provide an enabling environment for all participants in the electoral process.

He stressed that democracy can only flourish where elections are conducted fairly and peacefully, urging politicians and their supporters to avoid violence, intimidation, vote-buying and other actions capable of undermining the credibility of the election.

Adeleke also called on security agencies to remain professional, impartial and vigilant throughout the election period to guarantee the safety of voters, election officials and observers.

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The governor reiterated that his administration remains committed to respecting the outcome of a credible electoral process and ensuring that the will of the people of Osun State prevails.

Beyond electoral matters, Adeleke highlighted the state’s enormous investment potential, inviting Austrian investors and businesses to explore opportunities in agriculture, renewable energy, solid minerals, technology, education, tourism and vocational training.

He said the Osun State Government has continued to implement reforms aimed at creating a business-friendly environment capable of attracting both domestic and foreign investment, stimulating economic growth and creating employment opportunities for residents.

“We are ready to work with your country and Austrian businesses in exploring these opportunities for mutual growth and prosperity,” the governor said.

Responding, Austrian Ambassador Peter Guschelbauer reaffirmed the European Union’s commitment to promoting democratic governance, credible elections and respect for the rule of law across partner countries.

The ambassador expressed optimism that the Osun governorship election would be conducted in accordance with Nigeria’s electoral laws and democratic principles, noting that the poll would receive considerable attention because it is the last major governorship election before the 2027 general election.

He urged political parties, candidates and their supporters to conduct their campaigns peacefully, respect the Electoral Act and avoid actions capable of threatening the stability of the state.

Guschelbauer also commended the Adeleke administration’s governance efforts and spoke about the longstanding cultural relationship between Austria and Osun State, particularly through the internationally recognised Osun-Osogbo Sacred Grove, a UNESCO World Heritage Site.

According to him, Austria remains interested in supporting cultural preservation, tourism development and stronger economic cooperation with Osun State through partnerships with Austrian businesses and development institutions.

The Independent National Electoral Commission (INEC) has fixed August 15 for the Osun governorship election, with 14 political parties expected to participate in the contest.

The election is expected to attract widespread national and international attention as political parties intensify campaigns to convince voters ahead of the poll.

Political observers believe the deployment of domestic and international election observers, combined with adequate security and strict adherence to the Electoral Act, will further strengthen the credibility, transparency and peaceful conduct of the election.

As political activities gather momentum, stakeholders have continued to urge all contestants to embrace issue-based campaigns and place the interest of the people above partisan considerations to ensure another successful democratic exercise in Osun State.

Osun governorship election: Governor Adeleke invites EU to monitor August 15 poll

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