The Supreme Court has been petitioned by six federated states to declare the recent presidential and national assembly elections on February 25, 2023 invalid.
The six states that filed the lawsuit—Adamawa, Akwa Ibom, Bayelsa, Delta, Edo, and Sokoto—are seeking the Supreme Court to use the appropriate legal procedures to declare the election invalid due to purported irregularities and malpractices.
The lawsuit was brought in accordance with sections 6(6)14(3)153(2) and 252 of the 1999 Constitution as well as the Apex Court’s inherent authority.
The All Progressives Congress candidate, Bola Ahmed Tinubu, was declared the winner 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.
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The plaintiffs filed an application with the highest court, asking for an order directing a deviation from the norms of the top court by requesting an expedited hearing of the substantive dispute in the interest of justice.
In addition, the plaintiffs submitted a second application asking for a ruling extending the deadline for parties to submit and serve replies in support of and opposition to the lawsuit. There is no set time for the hearing.
The plaintiffs are requesting an order from the supreme court in the original summons, which is designated SC/CV/354/2023.
“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 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 of the Electoral Act of 2022, as well as Sections 60 and 66.
They based their argument on the following: “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.”
They are seeking, “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 were 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.”
“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.”
“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.”
