PEPT Judgment: Atiku, Obi head to Supreme Court
The 2023 presidential candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar, and his Labour Party, LP, counterpart, Mr. Peter Obi, yesterday, vowed to go to the Supreme Court to challenge the dismissal of their petitions against President Bola Tinubu’s election by the Presidential Election Petition Court, PEPC.
While Atiku said he was heading to the apex court because he had lost a battle and would confront the war ahead and not “validate mandate banditry” Obi said he would not relent in his quest for electoral justice because the PEPC ruling “is not coterminous with justice.”
Atiku and Obi spoke as mixed views welcomed the PEPC’s Wednesday judgment that affirmed Tinubu’s election and struck out the petitions of the PDP, LP, and Allied Peoples Movement, APM.
Atiku fumes
Vowing to pursue his legal challenge against Tinubu’s victory till the very end, Atiku described his loss at the PEPC, which is the court of first instance as a battle, noting that the war was still ahead.
Speaking at a press conference at PDP National Secretariat, Abuja, yesterday, the former vice president said: “I urge all my supporters to remain steadfast. I urge them to take solace in an immortal lesson I learned from my leader and mentor, the late Shehu Musa Yar’Adua, that losing a battle is less important than losing the war.
“We might have lost a battle yesterday (Wednesday) but the war is well ahead of us. And I believe that with our hopes in God, we shall win the war of restoring confidence in our electoral system.”
He explained that while he respected the court judgment, he respectfully rejected it because it fell short of justice.
His words: “As you already know, I approached the court following the declaration by INEC that the APC and its candidate are the winners of the February 25, presidential election.
“My decision to go to court is anchored in my belief that the court is the sanctuary of justice. The journey of my political career, as you know, holds so much to the courage and fearless decisions of our judiciary.
“Indeed, I am no stranger to legal battles, and I can say that I have a fair idea of how the court system works.
“All through my career as a politician, I have been a fighter, and I must say that I have found the judiciary as a worthy pillar to rest on in the pursuit of justice.
“The last presidential election in our country and the way it was managed by the electoral umpire, the Independent National Electoral Commission, INEC, leaves behind unenviable precedents, which I believe the courts have a duty to redress.
“Our gains in ensuring transparent elections through the deployment of technology was heavily compromised by INEC in the way it managed the last presidential election, and I am afraid that the judgment of the court as rendered by the Presidential Election Petition Tribunal, failed to restore confidence in our dreams of free and fair elections, devoid of human manipulations.
“Like I did say at the beginning of this legal battle when I instructed my lawyers to file my petition challenging the outcome of the presidential election, my ultimate goal in this pursuit is to ensure that democracy is further strengthened through the principles and processes of fair hearing.
“I take great pains to tell you that the decision of the court of first instance on this matter utterly falls far short of that expectation.
“I am, therefore, here to tell you that though the judgment of the court yesterday is respected, it is a judgment that I refuse to accept. I refuse to accept the judgment because I believe it is bereft of substantial justice.
“However, the disappointment in the verdict of the court can never destroy my confidence in the judiciary.
“Consequently, I have asked my lawyers to activate my constitutionally guaranteed rights of appeal to the higher court, which, in the instance, is the Supreme Court.
“It is my conviction that the electoral process in Nigeria should be devoid of untidy manipulations and that the outcome of every election should be a perfect reflection of the wishes of the electorate.
“ I believe that such is the only way through which our democracy can have a manifest expression of its true meaning.
“Whether I prevail in this quest or not, the record of my effort in ensuring an order of credible elections in Nigeria shall remain for the future generations to evaluate.”
I won’t validate mandate banditry
Atiku also distanced himself from a statement purporting that he had congratulated President Tinubu, over the outcome of the election petition tribunal in Abuja.
Reacting to a purported statement issued by his Media Adviser Mr. Paul Ibe, Atiku said the statement was fake and part of an orchestrated plot by those desperately looking for validation for the usurpation of the mandate of Nigerians.
“Atiku couldn’t have validated electoral banditry because doing so would have amounted to a rape on the conscience of Nigerians who have struggled for years to entrench electoral integrity.
“If their conscience is clear and they are convinced that their victory is valid, they don’t have to blackmail their political opponents into congratulating them through fake news.
“Why should a man be desperate for validation? Does truth require validation? Why should you issue a congratulatory statement and attribute it to Atiku if your conscience is not troubled by the electoral heist you have perpetrated,” he queried.
We’re ready for credible opposition in interim – PDP
Earlier, the Acting National Chairman of the PDP, Umar Damagum, in his remarks, said the party was prepared to play the role of a credible opposition while pursuing justice at the Supreme Court.
He said: “I call on our members not to lose focus, the NWC is doing everything possible to give this government a credible opposition and we will continue to pursue our mandate and seek redress where we are expecting to give them the opportunity to give us a policy direction. This will determine the future of this country.”
Judgment not coterminous with justice — Obi
On his part, Obi totally rejected the PEPC verdict and said he would challenge the verdict at the apex court.
Obi, who spoke at his home in Onitsha and acknowledged the PEPC’s adherence to statutory time frame, expressed respect for the court’s views and rulings but openly disagreed with the judgment’s rationale and final conclusions.
He said: “Yesterday, September 6, 2023, the PEPC finally delivered its long-awaited judgments on the petitions challenging the outcome of the presidential election held on February 25, 2023. This judgment was delivered within the statutory time frame under the extant statutes.
‘’We acknowledge the court’s contributions to due process and the seeming attempt to strengthen our democracy.
“As petitioners in this case, we respect the views and rulings of the court but we disagree with the court’s reasoning and conclusions in the judgment it delivered. It is my intention as a presidential candidate and the intention of the Labour Party to challenge this judgment by way of appeal immediately, as allowed by the Constitution of the Federal Republic of Nigeria.
Final responsibility falls on the Supreme Court
“The PEPC has rendered its judgment but that esteemed body is not the final arbiter. The responsibility now falls on the Supreme Court. I do know that judgment is not coterminous with justice. I implore Nigerians to remain focused, steadfast, and peaceful; abide by the rule of law, and understand that this matter has not reached its logical conclusion.
“Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country whose mandate to us at the polls was regrettably truncated by INEC.
“The strength and value of our democracy reside in solid national institutions and our confidence in them. Electoral litigation will be almost unnecessary and nonexistent if the INEC discharges its statutory functions creditably, transparently, and with discernible fairness.
‘’When that body fails, as it did recently, thus subverting the will of Nigerian voters, the recourse to the judiciary becomes imperative, as is now the case.”
Democracy and the people won, says Buhari
Reacting to the judgement, former President Muhammadu Buhari said it was a testament that “democracy and the people” have won.
He said the court had “written history by spurning intimidation” to deliver justice according to the law of the country.
Garba Shehu, Buhari’s spokesperson, quoted the former president: “democracy and the people won”.
Buhari advised Tinubu to fulfil the promises he made to the people during his campaigns.
“The former President said the PEPC has ‘written history’ by spurning intimidation and all manner of prejudice to deliver justice according to law to a majority of citizens whose wish is that the choices they made are respected.
“If anybody has won today, it is the democracy and the people. With the verdict of the court, the election period is over and it is time to put the heat and dust behind us.
“From here, the new APC administration led by Bola Ahmed Tinubu should get the support of everyone in order to deliver the promises it made to the people,’’ Garba Shehu said.
APC commends judiciary for strengthening Nigeria’s democracy
However, the ruling All Progressives Congress, APC, commended the nation’s Judiciary for the judgment affirming the victory of President Tinubu, saying Nigeria’s democratic journey had been strengthened.
At a news conference in Abuja, National Secretary of the party, Ajibola Basiru, also congratulated Tinubu, “on his resounding victory at the Presidential Election Petition Tribunal, PEPT.”
The party noted that having meticulously adjudicated all the petitions brought before it by aggrieved parties and entered judgment in her favour, “the PEPT has reaffirmed the mandate handed our party and its Presidential Candidate, now President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria by millions of Nigerians through the ballot on February 25, 2023.
‘’This epochal judgment has reinforced our democracy and underscored the vibrancy and independence of the judiciary.
“No doubt, the 2023 presidential election was keenly contested. The outcome remains a wholesale endorsement of our party’s vision, values and commitment to rebuilding and repositioning our country for greatness.
‘’Our campaign, planked on the unity and prosperity of Nigeria and our message of Renewed Hope, obviously resonated with Nigerians at home and in the Diaspora.
“We acknowledge and applaud the diligence and professionalism of the INEC, security agencies, local and foreign observers and other stakeholders in ensuring a credible, free and fair election.
“As we soldier on in the business of governance, the APC will stay focused and resolute in fostering unity and improving the quality of life of all Nigerians as enshrined in the eight-point agenda of this administration.
“We enjoin all Nigerians, irrespective of ethnicity, religion or political leanings to join hands with us in this onerous but patriotic task of building a better, more prosperous nation.
“Again, we commend the judiciary for strengthening our democratic process through the instrumentality of the law.”
I didn’t anticipate this kind of negative ruling — Ezeife
Speaking on the tribunal ruling, Third Republic governor of Anambra State, Dr. Chukwuemeka Ezeife, said he did not anticipate the verdict, which he described as negative.
In a telephone chat with Vanguard, Ezeife, who however advised Nigerians to put the matter behind them and go for things that will make Nigeria great, said: “God endowed this country with abundant natural resources and gave us an assignment to use those natural resources widely to convert Nigeria into a super power but unfortunately it seems we are converting those resources to make Nigeria poverty capital of the world.
“God gave us the highest natural resources which no other country in the world has and expect us to use it wisely but we are misusing the resources to the extent that nothing is left for us to fall back on, rather we have gone a borrowing without minding that he who goes a borrowing, goes a sorrowing.”
We’ll make our position known soon—Afenifere
When contacted, the pan-Yoruba socio-political organisation, Afenifere, said it would make its position known after its general meeting.
General Secretary of Afenifere, Mr Sola Ebiseni, said the judgment was not coterminous with justice “Afenifere will meet to take a decision and until that decision is taken, I don’t want to speak ex tempo on the matter. The position of Afenifere will soon be made public,’’ the group said.
PEPT ruling a charade — MBF
To the Middle Belt Forum, MBF, the PEPC verdict that upheld the election of President Tinubu was a charade.
The MBF faulted the decision of the Tribunal to dwell on technicalities to dismiss the suits when election panels had been cautioned against the act in the resolution of election disputes.
MBF’s National President, Dr Bitrus Pogu said: “That ruling to us was a charade. We are encouraging the petitioners to continue to the Supreme Court. Even the ordinary Nigerian who is not a lawyer will find fault with that ruling.
‘’How do you say it is constitutionally unacceptable for someone to hold dual passports or dual nationality but the filing of the issue was not okay and, therefore, it is thrown out?
“There were many funny things that were based on technicalities. Though I am not a lawyer, the fact is that if somebody is not fit to be a president, he is not fit to be a president. Why use technicalities to say though he is not fit, he is fit because the person who made the complaint did not put it right. The issue is still there.
“So we feel disappointed in the judgment and we encourage the petitioners to move ahead to the Supreme Court and let justice prevail.”
We won’t contribute to inciting people—Northern Elders
However, the Northern Elders Forum, NEF, backed the judgment, saying the judiciary had done well and won’t join in inciting people to spite the judiciary.
NEF’s spokesperson, Hakeem Baba-Ahmed, in an interview with Vanguard, urged Nigerians to be calm and advised the aggrieved parties to go as far as the Supreme Court to submit their case.
Baba-Ahmed said: “We won’t contribute to inciting people, we don’t have opinions different from what the panel has said, we have to respect the constitutionality of their position.
“We encourage Nigerians to do the same thing that we are doing, Nigerians should accept the judgment in good faith.
“As for the aggrieved parties, they should proceed further to the Supreme court if they feel that justice has not been served. That is their right, that is the system. That’s even what APC would have done if it was APC that wasn’t victorious. But we support the complete endorsement of the judicial process.”
Court ruling should be respected — CNG
In the same vein, the Coalition of Northern Groups, CNG, said the ruling of the PEPT should be respected, adding that Nigerians should have confidence in the judiciary.
CNG’s spokesperson, Abdul-Azeez Suleiman, said: “As a group, we sincerely believe that the court ruling confirming Tinubu’s victory in the just-concluded elections is well considered and should be respected. I think there is a need to emphasize the need for Nigerians to have confidence in the judiciary.
“The judgment by the election tribunal is a clear indication that our judicial system is alive to its responsibilities because from the point of view of a layman, the court took into account all the several grievances raised by the petitioners. In any case, it is for lawyers to remark on the technical aspects of the judgment, not us.
“From our position, I really think we should commend the judges for their apparent neutrality and commitment to justice. We believe that Nigeria’s judiciary, despite being under immense pressure, has shown its resolve to remain independent and unbiased in the discharge of its duties.”
PEPT’s verdict confirms Tinubu as Nigerians’ choice —Oyebanji
Governor Biodun Oyebanji of Ekiti State described the affirmation of President Tinubu’s election by the PEPC as a confirmation of Nigerians’ choice.
Oyebanji, in a statement by his Special Adviser on Media, Yinka Oyebode, said: “I congratulate our President, Asiwaju Bola Tinubu and indeed all Nigerians for this judgment. It is not victory for the APC alone it is a victory for democracy, the rule of law and for the Nigerian masses. It is also a vote of confidence in the process that led to the election of Mr President. The judgment is solid and well detailed.
There is nothing to add.
“We have a President that is committed to the development of this country and he needs all hands on deck to ensure that we get to the Promised Land.”
It has revalidated renewed hope —Akeredolu
Similarly, Governor Rotimi Akeredolu of Ondo State, said the judgment was a revalidation of the people’s mandate and the renewed hope agenda of President Tinubu’s administration.
Akeredolu, in a statement by his Chief Press Secretary, Richard Olatunde, said: “This judgment has again deepened our nation’s jurisprudence and solidified our commitment to democratic values.
“As true democrats, we must embrace the tents of democracy which also encompass post election litigation. Our struggle for service must also fuel our reverence for democratic values.
“The Presidential Election Petition Tribunal has dispensed Justice. Now is the time to come together and build our nation.
“The renewed hope drive of President Tinubu is anchored on assurance of a paradigm shift.
“The result of the February 25 Presidential poll, upheld by the Tribunal, represents the will of the majority of Nigerians who voted massively for the APC.
“Our Judiciary has again lived up to expectations. It has reaffirmed our belief that it remains the last hope of the masses.
“We must collectively commend the pivotal role our Judiciary has played in enriching our democracy and upholding justice.
“Notwithstanding our days in court, we urge the Peoples Democratic Party (PDP) candidate, Alhaji Atiku Abubakar and the Labour Party Candidate, Mr Peter Obi to sheath their swords and join hands with the President to develop the country.”
Ruling laid justice prostrate, stood — Uwazuruike
To former Chairman of Aka-Ikenga and lawyer, Chief Goddy Uwazurike, the judgment showed that “Justice is lying prostrate, while technicality stood triumphant over it.”
According to him, “the PEPT relied on technicality in analysing the trial including the evidence of the witnesses. To be blunt, the Tribunal failed to realize that it (judiciary) was on trial in the court of the people. The people expected that the verification of the scores will be a primary duty of the Tribunal.
“People expected that the Tribunal would order the INEC to be truly independent. INEC bluntly refused to produce the documents used in the election and the Tribunal did nothing. This amounted to an unfair trial because the defence decided the evidence that will be available, notwithstanding the notice to produce served on it and the reassurance of the chair that it will comply.
In the end, the Tribunal ruled that the petitioner failed to prove his case.
This Tribunal failed to respond to the question, who won? Those who benefit from injustice see nothing wrong in the system. World over, the judiciary does not rely on technicality. It relies on substantial justice, on what the people understand.
Those who were beaten up during the election, those who were denied the right to vote, those who witnessed the mutilation of results are still wondering what happened. Election judgment based on technicality is naked injustice.”
Quest for new Nigeria being truncated— Imeobi Igbo
On its part, Imeobi Igbo Forum, IIF, a socio-political organization, described PEPC ruling as an ugly phenomenon geared towards truncating the quest for a new Nigeria.
National President of the organization, Dr. Mike Ikegulu who stated this on phone shortly after the verdict, said he anticipated such a technical pronunciation from the tribunal because they felt Heavens will not fall.
“I knew it will go that way the moment the tribunal members went technical. It is unfortunate that at the onset, the tribunal ordered INEC to produce the BVAS but INEC disobeyed them and yet during their judgment, they did not even make mention of it not to talk of apportioning any blame on INEC”.
“That is why I said the tribunal went into technical session because all the UN observers’ reports, all the complaints by Nigerians, all falsifications and technical glitches committed by INEC did not matter to the tribunal”.