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2023 Election: Obi Petition Tinubu Before The Tribunal

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The presidential candidate of the Labour Party, LP, Peter Obi has on Tuesday, March 21 filed his petitions to the presidential elections tribunal to challenge Bola Tinubu’s of the All Progressives Congress, APC, victory in the February 25 presidential election. The LP, presidential candidate has alleged that the election was characterised by various irregularities including the non-qualification of Mr Tinubu and his running mate, Kashim Shettima to contest the election. He continued by urging the court to either declare him the president-elect or nullify the entire election and conduct a fresh one.

The petition marked: CA/PEPC/03/2023, has the Independent National Electoral Commission, INEC, Tinubu, running mate, Kashim Shettima, and the APC as the 1st to 4th respondents.

The petitioners are praying for the tribunal for the following reliefs:

1. (i) That it be determined that at the time of the Presidential Election held on 25th February 2023, the 2nd and 3rd Respondents (Tinubu and Shettima) were not qualified to contest the election.

(ii) That it be determined that all the votes recorded for the 2nd respondent in the election are wasted votes, owing to the non-qualification/disqualification of the 2nd and 3rd respondents.

(iii) That it be determined that on the basis of the remaining votes (after discountenancing the votes credited to the 2nd Respondent), the 1st petitioner (Mr Obi) scored a majority of the lawful votes cast at the election and had not less than 25 per cent of the votes cast in each of at least 2/3 (two-third) of the states of the federation, and the Federal Capital Territory, Abuja, and satisfied the constitutional requirements to be declared the winner of the 25 February 2023 presidential election.

2. That it be determined that the 2nd Respondent having failed to score one-quarter of the votes cast at the presidential election in the Federal Capital Territory, Abuja, was not entitled to be declared and returned as the winner of the presidential election held on 25 February 2023.

3. An order cancelling the election and compelling the 1st Respondent to conduct a fresh election in which the 2nd, 3rd and 4th Respondents shall not participate.

4. (i) That it may be determined that the 2nd Respondent was not duly elected by a majority of the lawful votes cast in the election for the office of the President of the Federal Republic of Nigeria held on 25 February 2023; and therefore, the declaration and return of the 2nd Respondent as the winner of the Presidential election are unlawful, unconstitutional and of no effect whatsoever.

(ii) That it be determined that based on the valid votes cast at the Presidential election of 25 February 2023, the 1st Petitioner scored the highest number of votes cast at the election and not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the States in the Federation and the Federal Capital Territory, Abuja and ought to be declared and returned as the winner of the Presidential election.

(iii) An Order directing the 1st Respondent to issue the Certificate of Return to the 1st Petitioner as the duly elected President of the Federal Republic of Nigeria.

(iv) That it be determined that the Certificate of Return wrongly issued to the 2nd Respondent by the 1st Respondent is null and void and be set aside.

5 (i) That the Presidential election conducted on 25th February 2023 is void on the ground that the election was not conducted substantially in accordance with the provisions of the Electoral Act 2022 and Constitution of the Federal Republic of Nigeria 1999, as amended,

(ii) An order cancelling the’ Presidential Election conducted on 25th February 2023 and mandating the 1st Respondent to conduct a fresh election for the office of President, the Federal Republic of Nigeria.

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