Tinubu’s Election: Attorney Generals of Akwa Ibom, Bayelsa, Delta, Edo, Sokoto Sue FG

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From Victor Osula, Abuja
The Attorneys-General of the six states have brought this case against the federal government of Nigeria in the Supreme Court, invoking the Original Jurisdiction of the Supreme Court that it is seized with under Section 232 (1) of the Constitution.
Basing their suit on claims of a potential break down of public order and civil disobedience/rioting scenario that may befall their states as a result of adverse reactions to the declaration by the Independent National Electoral Commission, INEC, of Asiwaju Bola Ahmed Tinubu as president, without following the Electoral Act and INEC’s own laid down guidelines, particularly in relation to the uploading of results unto the IREV through the BVAS.
The thrust of their claim is that there will be public disorder/civil disobedience/rioting in the event that INEC is allowed to sustain its claims that Tinubu won the election, without first complying with its own (INEC’s) operating guidelines.
The Governors of the applicant states, as the Chief Law Officers of their respective states, have the statutory obligation to take all steps to ensure that there is no breakdown of law and order in their states hence, they are bringing this action in the Supreme Court.
Please note that this action was filed on the 28th of February – before INEC announced its final results.  Note, also, that the 6 states had applied for an injunction restraining INEC from continuing with announcing results.
The six states are Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto. In the suit which was filed on February 28 before INEC announced the final results on March 1, 2023, the States want a declaration that 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 were not in accordance with the provisions of the electoral act.

Recall that the INEC declared Tinubu as having won the presidential election on Wednesday, March 1 and issued him and his Vice President, Kashim Shettima the Certificate of Return.

However, 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 suit has the Attorney-General of the Federation, Abubakar Malami as sole respondent and was brought pursuant to 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; Sections 60 And 66 Of The Electoral Act, 2022.

According to the suit filed on February 28, by their lawyers, Prof Mike Ozekhome, a Senior Advocate of Nigeria (SAN), the agents and officials of the Federal Government and INEC, failed to transmit the collated result as 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 requiring transmission of the results by the use of Bimodal Voter Accreditation System (BVAS) in flagrant breach of the relevant provisions of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials, 2023.

It was their submission that the “Non-compliance with the due process of law has led to a widespread agitation, violent protests, displeasure, and disapproval from a wide spectrum of the Nigerian populace, including international observers, political parties, well-meaning Nigerians and former Head of States of the Federal Republic of Nigeria”.

Among the issues raised for determination by the apex court were: Whether having regard to 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 thereof, the electronic transmission of votes collated at polling units and the use of the Bimodal Voter Accreditation System (BVAS) in the transmission of collated result is made mandatory.

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