President Bola Ahmed Tinubu has asked his opponents in the last presidential election to accept the Supreme Court verdict and join him to deliver his electoral promises to Nigerians.
Tinubu hailed yesterday’s Supreme Court judgement, which affirmed him as the winner of the February 25, 2023 presidential poll, saying that it will help to consolidate Nigeria’s democracy.
The president, in a statement, expressed his contentment, stating, “I welcome the verdict of the Justice John I. Okoro-led panel of the Supreme Court on the Presidential Election petitions filed by the candidates of the Peoples Democratic Party and the Labour Party challenging the ruling of the Presidential Election Petitions Tribunal.”
Tinubu commended the Supreme Court’s unwavering commitment to the rule of law, saying, “The court has done justice to all issues put up for consideration in the petitions on the merits of the law, without fear or favour.”
He underscored the importance of this verdict in the nation’s democratic journey.
“There is no doubt, with the profound judgement of today, that our electoral jurisprudence and constitutional democracy are further consolidated and embedded more indelibly in our national identity because of the diligence and undaunted professionalism of the honourable justices who presided over the matter,” he said.
The president went on to reiterate his trust in Nigeria’s judiciary, stating, “I want to reiterate that my faith in our nation’s judiciary has never been shaken, not even for a moment, because I know that our hallowed courts of law will not fail to administer justice to all Nigerians in all matters and at all times.”
Tinubu also affirmed the legitimacy of his party’s victory in the 2023 presidential election, saying, “It was affirmed once more today that my party, the governing All Progressives’ Congress, had freely and fairly won the popular mandate of Nigerians.”
Tinubu expressed his deep sense of responsibility and determination to address the challenges facing the nation, promising to serve all Nigerians irrespective of their political affiliations, tribes, and faiths.
He added, “Our Renewed Hope agenda for a greater and prosperous Nigeria has further gained momentum, and I will continue to work from morning to night, every single day, to build a country that meets our collective yearnings and aspirations.”
The president emphasised the need for unity and collaboration, stating, “We are all members of one household, and this moment demands that we continue to work and build our country together.”
He extended gratitude to all Nigerians for entrusting him with the mandate to serve the country, promising to exceed their expectations in service delivery and good governance.
Apex Court Has Failed Nigerians, PDP Laments, LP Weeps For Judiciary
But in their reactions, the opposition PDP and Labour Party (LP) faulted the apex court’s judgement on the petitions filed by their parties and their presidential candidates, Atiku Abubakar and Peter Obi, respectively against Tinubu’s declaration as winner of the presidential poll by the Independent National Electoral Commission (INEC).
The opposition party said the judgement is against the express provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2022, the Guidelines and Regulations issued by INEC under which the election was conducted.
PDP, in a statement by its national publicity secretary, Hon. Debo Ologunagba, said the majority of Nigerians are alarmed, disappointed and gravely concerned with the reasoning of the Supreme Court.
The party said it is a sad commentary for Nigeria’s democracy that the Supreme Court failed to uphold the provisions of the law.
“Instead, it trashed the expectation of the majority of Nigerians who looked up to it as a Temple of Impartiality to deliver substantial justice in the matter having regards to the laws and facts of the case.
“Nigerians earnestly expected the Supreme Court to uphold and defend the clear provisions of the 1999 Constitution in terms of qualification and minimum requirement for a winner to be declared in a Presidential election in Nigeria especially with regards to the required statutory 25% of votes in the FCT as well as issues of violation of electoral rules and guidelines, brazen manipulations and alterations of election results by the APC.
“Nigerians are still at a loss as to how the Supreme Court condoned the serious issues of forgery, falsehood and perjury on the altar of technicalities.”
According to the PDP, the general gloom, melancholy and sense of despondency across the country upon the delivery of the judgement is a worrying sign which portends grave consequences ahead.
“This judgment by the Supreme Court has evidently shaken the confidence of Nigerians in the judiciary, especially the Supreme Court as the last hope of the common man,” the party said.
On its part, the Labour Party called on the international community to defend democracy in Nigeria.
LP national chairman, Barrister Julius Abure said the struggle of the founding fathers of Nigeria had been destroyed.
He also called on the Obidient Movement nationwide to note that the struggle for a new Nigeria had just begun.
Abure, a lawyer, described the Supreme Court judgement as “another sad day for Nigeria,” saying the sacred fabric of justice and good conscience was shredded at the Supreme Court as it delivered this verdict.
“We are indeed very shocked and surprised that even the apex court will toe the line of an earlier judgement in spite of all the flaws associated with the judgement delivered by the Presidential Election Appeal Tribunal.
“Having conclusively exercised our fundamental rights as gifted to us by the laws of the land, we have no other choice but to move on. We may be disappointed and dismayed by the outcome of the exercise but we have chosen to trudge on and to remain optimistic of what the future holds for the nation.
“We weep for our Institutions that cannot rise to the occasion and courageously defend democracy and the voices of our people,” he said.
Major Pronouncements By The Apex Court
In its judgement, the apex court upheld the verdict of the Presidential Election Petition Court (PEPC) and dismissed the separate appeals filed by Atiku and Obi.
The Supreme Court panel, led by Justice Inyang Okoro, dismissed Atiku’s motion seeking leave of court to file fresh evidence in his appeal against Tinubu’s victory in the election.
He prayed the apex court to grant him leave to bring in additional evidence by way of depositions on oath from the Chicago State University for use in his appeal to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by Bola Ahmed Tinubu to INEC.
The seven-member panel unanimously dismissed the appeal after resolving all seven issues raised by the appellant in favour of President Tinubu.
The court struck down the allegation by Atiku that failure to promptly upload the polling unit results of the election to the IReV portal amounted to non-compliance with the provisions of the Electoral Act, thus, invalidating the election.
The court dismissed this argument, saying IReV was not a result coalition platform, therefore failure to upload results onto it could not have invalidated the election.
The court also held that Tinubu’s failure to score 25 percent of the votes in the Federal Capital Territory (FCT) when he had polled 25 percent votes in over 24 states as required by law did not affect his victory in the election.
The court also said Atiku failed to prove his allegation of widespread rigging during the election or that he won the election
“I am unable to find any figures put forward by the appellant that he scored the majority votes, other than the figures declared by INEC declaring the second respondent (Tinubu) winner of the election.
“The votes before us show that the second respondent Tinubu won the election,” Justice Okoro said.
On the issue of the use of disparaging words by the lower court against the appellant, Mr Okoro said “the words of the court were not meant to disparage the appellant” and did not amount to bias against appellant as argued by their lawyers.
“On the whole, having resolved all the issues against the appellant, I hold that there is no merit in this appeal and it is hereby dismissed,” the court held.
Earlier, the court dismissed the request by Atiku to tender fresh evidence of certificate forgery against President Tinubu.
In the fresh evidence, Atiku sought admittance of a deposition of the registrar of Chicago State University (CSU) on the academic records of Tinubu.
Atiku obtained the document after his victory in a legal case in a US court where the university was ordered to release Tinubu’s academic records to Atiku.
Justice Okoro said the court lacked the jurisdiction to entertain such evidence that was not tendered before the lower court.
He said Atiku’s lawyers were tardy in their attempt to obtain the evidence and tender it at the lower court.
The court held that as of the time Atiku brought the document, the Presidential Election Petition Court had lost jurisdiction to hear Atiku’s petition challenging Tinubu’s election. He added that the Supreme Court did not have the power to accept and act on the evidence which the lower court did not admit and act on.
He wondered why Atiku sought to tender the fresh evidence when the grounds of his appeal did not raise the issue of certificate forgery against the president.
Governors, Buhari, Others Salute President Over Judgement
Meanwhile, Tinubu’s predecessor, Muhammadu Buhari, has described the dismissal of the appeals by Atiku and Obi by the Supreme Court as a welcome relief to him and to a majority of the citizens.
In a statement by his media aide, Garba Shehu, he repeated what he said on the earlier September 6 verdict of the Presidential Election Petition Court which affirmed President Bola Ahmed Tinubu’s victory – that the welcome decision is “a reaffirmation of the will of the majority of the people against the determined will of a hard-fighting minority.”
“Now that we have arrived at the last bus stop, after a tortuous eight-months of expensive legal journey, the nation deserves a break. The opposition has fought a good fight,” he said.
The Senate President Godswill Akpabio congratulated Tinubu on the revalidation of his victory by the judiciary.
Akpabio, in a congratulatory message to President Tinubu,said the decision of the apex court was a welcome relief as it finally unfastens the last bolts to the path for socio-political engineering that President Tinubu promised the nation.
“Mr President, I am personally elated that the jurists of the Supreme Court saw through the arguments and even without much technicalities easily confirmed your victory in the poll,” he said.
The chairman of the Nigeria Governors’ Forum (NGF) and Kwara State governor, AbdulRahman AbdulRazaq also congratulated Tinubu on the affirmation of his electoral victory by the Supreme Court.
AbdulRazaq, in a statement signed by his chief press secretary, Rafiu Ajakaye, said the Supreme Court’s judgement was a testament to the fact that the February 25, 2023 presidential election represented the wishes of the largest majority of Nigerians that voted during the election.
On his part, Niger State Governor Mohammed Umaru Bago said the judgement was a demonstration of truth and justice
He said with the verdict, “the coast is finally cleared and arguments laid to rest.”
Lagos State Governor Babajide Sanwo-Olu and his Kogi State counterpart Yahaya Bello also lauded the Supreme Court judgement.
Sanwo- Olu said the unanimous decision of the highest judicial body in the country, with all seven justices in agreement, reflects a unified voice that transcends differences.
Kogi State Governor Bello said the Supreme Court’s decision had enriched Nigeria’s jurisprudence and affirmed the fairness and transparency of the election.
He commended the Independent National Electoral Commission (INEC) for its meticulous work and encouraged the opposition to support the government.
The chief of staff to the president, Mr Femi Gbajabiama said, “Like the judge said, all litigations must come to an end. They addressed all the issues, about seven of them, and those issues and the judgements on each of the issues were clearly unassailable as far as I’m concerned.”
Aviation minister, Mr Festus Keyamo, said court cases cannot be won on social media.
“By the judgment of the Supreme Court today, the laymen prowling all over the social media can now clearly see that there is a wide chasm between emotions and law. These were Election Petitions pursued with unnecessary venom and hatred by most of those involved,” he said,
Senior Lawyers React
Human rights lawyer Ebun-Olu Adegboruwa (SAN) described the apex court’s judgment as sound in law and by the relevant statutes on the issue of election litigation.
Adegboruwa, however, urged the National Assembly to set up a special committee to scrutinise the judgement of the Court of Appeal and the Supreme Court towards amending the Electoral Act 2022.
Adegboruwa said, “What then is the penalty for the electoral umpire that failed Nigerians upon its voluntary undertaking – because INEC is still busy assuring Nigerians that future election results will be transmitted electronically?
On his part, Wahab Shittu (SAN) said that the judgement was not only a victory for President Tinubu but a triumph for constitutionalism, democracy and the rule of law, including the sanctity of the electoral process.
Also, a professor of law, Gbenga Ojo, said the decision of the Supreme Court represents the law.
Ojo stated that the attempt by the candidate of the PDP to present new evidence is like closing the stable after the animal had bolted, adding that the appellate courts rely mainly on the evidence given or documents tendered before the lower courts.
“The appellate courts and the parties are bound by the records of proceedings at the lower. None of the parties will be allowed to “smuggle” fresh evidence or documents for the first time at the Court of Appeal,” he said.
