Six states request nullification of Tinubu’s in court.

The Supreme Court has heard arguments from the states of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto against the federal government’s handling of the conduct, tabulation, and announcement of the February 25, 2023, presidential and National Assembly elections.

The All Progressives Congress candidate, Bola Ahmed Tinubu, was declared the victor of the presidential election held on February 25 and the president-elect based on that election. The States seek the Supreme Court to revoke that declaration.

“A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of INEC at the National Collation Centre, Abuja, in flagrant violation of 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, were invalid, null and void, and of no effect whatsoever.

“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 was 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.

In addition, they are seeking “A declaration that the failure of the Federal Government of Nigeria, the Independent National Electoral Commission to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading 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.”

They are also seeking an order from the apex court “directing a holistic review of all results so far announced by the Federal Government of Nigeria through INEC which were carried out other than through the manner prescribed 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.

“And for such further Orders as the Honourable Court may deem fit to make in the circumstance.”

The plaintiffs have filed an application with the highest court asking for an order directing a deviation from the rules of the apex court to expedite the substantive matter hearing in the interest of justice.

Additionally, plaintiffs submitted a second application asking for a ruling extending the deadline for parties to submit and serve answers in support of and in opposition to the lawsuit. The hearing has not been given a specific date.

The plaintiffs in the originating summons headed: SC/CV/354/2023, are specifically asking for an order of the apex court, “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 through the manner prescribed 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.

The plaintiffs in the originating summons marked: SC/CV/354/2023, are specifically asking for an order of the apex court, “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 through the manner prescribed 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.

The Attorney General of the Federation is the only respondent in the lawsuit brought by the attorneys general of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto States. It was brought in accordance with Sections 2, 25, 1, 2, and 3 of the Electoral Act of 2022, Sections 60 and 66 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

They predicated their case on the grounds that, “The collation of the national election results from the 36 States of the Federation, and that of the Federal Capital Territory, for the said 2023 Presidential and National Assembly elections have not been carried out in compliance with the mandatory provisions of relevant sections of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022, made pursuant to the provisions of the Electoral Act, 2022; and the INEC Manual for Election Officials, 2023.”