Tinubu laughs last as S’Court affirms victory

• Your jobs are secure, Tinubu tells aides
• Governors besiege Aso Villa to celebrate with President
• Mixed reactions in Rivers as Diri, Wike congratulate
• Buhari: Court dismissal of appeal a welcome relief
• PDP: Supreme Court has failed Nigerians
• Executive has hijacked judiciary, legislature, LP fumes
• We’ll resort to masses’ court, says Obi’s spokesman
• Adegboruwa: INEC failed Nigerians
• Electoral jurisprudence not focused on justice, needs review, Amadi says

President Bola Tinubu savoured the thrilling experience of victory yesterday, after the Supreme Court validated his lifelong ambition to lead Africa’s most populous nation.

The road to yesterday’s victory, which began on January 10, 2022 when he declared his presidential ambition, was laden with many twists and turns that included winning the All Progressives Congress (APC) presidential primary on June 8, 2022, against all odds; enduring a fierce and bitter months-long campaign leading to the February 25, 2023 presidential election and four long nights before he was eventually declared winner by the Independent National Electoral Commission (INEC) on March 1, 2023; and finally the last hurdle, which was the legal battle that saw his challengers crisscross Nigeria and United States courts in the bid to have his election upturned.

Putting a seal to the legal fireworks over the election yesterday, the Supreme Court dismissed the two appeals filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, and that of the Labour Party (LP), Peter Obi.

Atiku and Obi separately attacked the judgments of the Presidential Election Petition Court (PEPC), which in a 13-hour-long ruling on September 6, dismissed their petitions instituted against the conduct of the presidential election and its outcome.

Dissatisfied with the judgment of the lower court, Atiku filed a notice of appeal on September 18, followed by Obi’s notice of appeal.

A seven-member panel of justices of the apex court, headed by Justice John Inyang Okoro, commenced delivery of the much-awaited verdict by 9:20a.m. yesterday. The first to be determined was an appeal by Atiku.

At the last proceedings, on Monday, Chris Uche (SAN), who led the legal team of Atiku and PDP, had informed the court of an interlocutory application seeking the leave of the court to present fresh evidence in the appeal. The fresh evidence Atiku sought to tender are the academic records of Tinubu, which were handed over to him by the Chicago State University (CSU) on October 2.

Tinubu’s lawyer, Wole Olanipekun (SAN), raised an objection to the admissibility of the depositions, saying such depositions have to be adopted by the individual that deposed to it before it can be admitted as evidence before a court. Abubakar Mahmoud, Olanipekun, and Akin Olujimi, all SANs, who represented INEC, Tinubu, and APC, in their preliminary objections urged the court to dismiss the appeal for lacking in merit and misconceived.

In the ruling on the motion, the apex court dismissed the motion by Atiku, seeking leave of court to file fresh evidence. Ruling on the motion, Justice John Inyang Okoro, held that a clinical look at the issues formulated by all the parties, it is clear that the argument is whether this court, as presently constituted, has the power to grant the motion.

Justice Okoro held that out of the seven issues distilled by Atiku for determination, none is related or covered forgery, which the appellant is seeking to bring in. “The Constitution does not permit that, and this court has no jurisdiction to grant the filing of fresh evidence that was not pleaded at the PEPC.”

More so, the Supreme Court noted that Atiku did not even deem it fit to file for an amendment of his pleadings and for extension of time, since the 180 days allowed by the Constitution had elapsed since September 17.

“Facts and documents which were not pleaded in the petition have no place in deciding the dispute between the parties. It is my view that there is no merit in this appeal, and it is hereby dismissed,” Justice Okoro ruled.

On the substantive suit, the justices, in determining the first issue for determination, held that failure to transmit election results electronically did not affect the outcome of the election and could not warrant the nullification of presidential election.

The apex court also stated that Atiku did not produce alternative results of the presidential election that showed he won the majority number of votes cast to rebuff the one declared by INEC. The court resolved all the seven issues distilled for determination in favour of Tinubu, stating that the appeal lacked merit and upheld the decision of the lower court.

A unanimous decision of the Supreme Court held that if the framers of the Constitution had wanted 25 per cent votes of the Federal Capital Territory (FCT) for election into office of the president it would have been clearly stated.

While Obi and his party, through Dr Livy Uzoukwu (SAN), had prayed the court to allow the appeal and set aside the judgment of the lower court. The apex court in their judgment determined issue 1, 2, 3, 5, 6, 7 to abide by the earlier judgment in Atiku’s appeal.

While the court held that the issue 4, which bordered on double nomination had been earlier determined by the Supreme Court in the suit marked: CSV/CV/501/2023 delivered May 6, 2023.

Consequently, Justice Okoro’s seven-man panel unanimously dismissed the duo’s appeal for lacking in merit and upheld the decision of the lower court.

Reacting, Tinubu said: “While the verdict of today has laid to rest the agitating discourse over who truly won the election and met the constitutional requirements as laid out by law, I want to reiterate that my faith in our nation’s judiciary has never been shaken, not even for a moment, because I know that our hallowed courts of law will not fail to administer justice to all Nigerians.

“Despite the fusillade of pressure and attempts at intimidation by some political actors, the judiciary demonstrated its unequivocal commitment to upholding the rule of law for the upliftment and defense of humanity.

“With deep gratitude to God, I solemnly and humbly accept today’s judicial victory with an intense sense of responsibility and a burning desire to meet the great challenges confronting our people. The victory of today has further energised and strengthened my commitment to continue to serve all Nigerians of all political persuasions, tribes, and faiths, with honour and total respect for the diverse opinions and uniting values of our citizens.”

His predecessor, former President Muhammadu Buhari, said the ruling was a welcome relief to him and to a majority of the citizens. Buhari repeated what he said on the earlier September 6 verdict of the PEPC, which affirmed President Tinubu’s victory, that the decision is “a reaffirmation of the will of the majority of the people against the determined will of a hard-fighting minority.

“Now that we have arrived at the last bus stop, after a tortuous eight months of expensive legal journey, the nation deserves a break. The opposition has fought a good fight. Having now exhausted their rights as constitutionally allowed, they should take the hand of fellowship extended by the Tinubu/Shettima APC government.”

Speaking through his spokesman, Garba Shehu, the former president expressed concern over low voting percentage all over the country, especially in urban areas and said this should change given the acceptance and vibrancy of democracy in Nigeria.

Relishing the court’s pronouncement, President Tinubu told his aides that their jobs are now secure. The aides, including the State Chief of Protocol (SCOPE), Victor Adeleke, Special Adviser on Media and Publicity, Ajuri Ngelale, Aide de Camp (ADC), Lt. Col. Nurudeen Yusuf, as well as other security and political appointees, had thronged to his office, at the presidential villa in Abuja immediately after the court’s pronouncement to congratulate him on his victory.

Basking in the euphoria of the victory, Tinubu received them and announced, first to Ngelale and Adeleke that their jobs were safe, before the ADC, who spoke on their behalf, congratulated Tinubu, saying: “Gentlemen, we want to congratulate the President having been confirmed by the Supreme Court as a five-star General, as the Commander-in-Chief of the Armed Forces of Nigeria.”

This was followed by the observance of a short prayer for the president on his victory. Governor of Bayelsa State, Duoye Diri, and Minister of FCT, Nyesom Wike, were among earlier callers who besieged the State House, to celebrate with the President.

Joining the Bayelsa governor, who is standing for re-election in the November 11 poll under the PDP, were his colleagues, which included Dapo Abiodun of Ogun State, Abdulahi Sule of Nasarawa State, Abdulrahman Abdulrazak (Kwara), Babajide Sanwo-Olu (Lagos), Yahaya Bello (Kogi) and Rev. Fr. Hycinth Alia (Benue).

Others include former governor of Osun State, Gboyega Oyetola; national chairman of the APC, Abdulahi Ganduje; and the National Security Adviser (NSA), Nuhu Ribadu, among others.

It was not clear what brought the Bayelsa governor to the villa, but he congratulated Tinubu on his victory along with others who had come to rejoice with the President.

Wike, who is still a member of the PDP, told the president that Diri would have come earlier to see him but was busy with his governorship campaign, which Tinubu acknowledged.

Speaking to correspondents, Fr. Alia said the president’s victory at the Supreme Court will enable him to focus on the business at hand, which is governance.

Sanwo-Olu, described Tinubu’s victory as historic and a beauty that comes with the power of inclusiveness. In his remark, Speaker of the House of Representatives, Tajudeen Abbas, said Tinubu’s victory was not unexpected as according to him, they knew that it would be the case.

The Speaker appealed to the opposition to support the government to move the country forward, adding: “They should take heart. There is always one victor at a time. This is Asiwaju’s time.”

The chairman of Nigeria’s Governors’ Forum (NGF) and the governor of Kwara State, Abdulrahman Abdulrazaq, described the judgment as another testament that the election represented the wishes of Nigerians. According to him: “victory is a triumph of truth over fact-free claims.”

He however commended the judiciary “for the courage to stand with the Constitution in the face of obvious provocation and intimidation. This judgment has elevated the cause of jurisprudence in our country.”

Wike, also urged Nigerians to take advantage of the judgment to give more support for President Tinubu. Speaking when APC leaders in Rivers, led by APC National Vice Chairman, South South, Victor Giadom, visited him yesterday, he described political parties as a “vehicle” that takes one to a desired destination, adding that the interest of Nigerians supersedes all other interests in the mind of President Tinubu.

The FCT minister said the President has the capacity and political will to take action that others were afraid to take. He further affirmed his commitment not to discriminate, saying: “I am here for Nigerians; I am here for those who belong to a political party and those who do not belong to a political party.”

There were however mixed reactions trailed the ruling in Rivers. While some congratulated President Tinubu and urged him to carry everyone along regardless of party differences to ensure rapid development, others said they were not surprised at the outcome, saying the judiciary does not have the peoples’ trust.
NOT relenting, Tinubu’s challengers yesterday dismissed the court pronouncements. PDP said it was appalled by the judgment while LP alleged that the executive has hijacked the judiciary and legislature.

In a statement by its national publicity secretary, Debo Ologunagba, PDP asserted that “it is indeed a sad commentary for our democracy that the Supreme Court failed to uphold the provisions of the law. Instead, it trashed the expectation of majority of Nigerians who looked up to it as a Temple of Impartiality to deliver substantial justice in the matter having regards to the laws and facts of the case.

“Nigerians earnestly expected the Supreme Court to uphold and defend the clear provisions of the 1999 Constitution in terms of qualification and minimum requirement for a winner to be declared in a presidential election in Nigeria, especially with regards to the required statutory 25 per cent of votes in the FCT as well as issues of violation of electoral rules, brazen manipulations and alterations of election results by the APC.” the statement noted.

According to the PDP, “Nigerians are still at a loss as to how the Supreme Court condoned the serious issues of forgery, falsehood and perjury on the altar of technicalities.”

The party further noted that “this judgment by the Supreme Court has evidently shaken the confidence of Nigerians in the judiciary, especially the Supreme Court as the last hope of the common man.”

At a press briefing, LP’s chairman, Julius Abure, said the party was disappointed but have decided to charge on and remain optimistic for what the future holds for the nation.

According to Abure, what happened from the day of the 2023 presidential election to now showed that the nation was sliding towards dictatorship.