Six States Asked Supreme Court to Revoke the Presidential Election

Six states of the Federation have dragged the Federal Government before the Supreme Court seeking cancellation of the last concluded Presidential and National election which was held on Saturday 25, 2023.

The six states who filed the suit over the conduct, collation, and announcement are Adamwawa, Akwa-Ibom, Bayelsa, Delta, Edo, and Sokoto.

The suit was filed pursuant to section 6 (6)14(3)153(2) and 252 of the 1999 Constitution and inherent jurisdiction of the Apex Court. The states want the apex court to declare the pronouncement of the candidate of the All Progressive Congress, Bola Ahmed Tinubu, as winner of the February 25 presidential election and president-elect be voided by the court.

They are asking the Supreme Court to invoke relevant provisions of the law to annul the election results based on alleged irregularities and malpractices.

According to the suit filed by their attorney general, they are seeking a declaration that the entire results of the just concluded presidential election as announced by the Independent National Electoral Commission (INEC) Chairman 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”.

They also filed for a declaration the electoral process was fundamentally flawed through the non-uploading of the results of each of the 176,974 polling units nationwide and 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.

In addition, they seek a declaration that the failure of the Federal Government along with 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 INEC 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 of the apex court directing a comprehensive 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 court may deem fit to make in the circumstance.

The plaintiffs also brought an application praying the apex court for an order directing a departure from the rules of the apex court in the interest of justice by directing for accelerated hearing of the substantive suit.

Besides, the plaintiffs also filed another application seeking for an order for abridging time for parties to file and serve responses for and against the suit. Till now, no date has been fixed for hearing.

The suit filed by the Attorneys General of Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo and Sokoto States has the Attorney General of the Federation 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.

They established 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 was not 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.”