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From Godwin Tsa, Abuja
Candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, has formally asked the Presidential Election Petition Tribunal (PEPT) to set aside the return of Bola Ahmed Tinubu of the All Progressives Congress (APC) and declare him winner of the February 25 election.
In the alternative, Atiku and PDP in their petition asked the tribunal to direct the Independent National Electoral Commission (INEC) to conduct a rerun election between him and Tinubu or order a fresh election entirely.
They alleged the entire election was marred by manifest irregularities, over-voting, violence and infractions, especially in Lagos and Rivers states, including Lagos Island, Mainland, Surulere, Apapa and Eti-Osa, as well as eight local council development areas like Lagos Island East, Yaba, Itire-Ikate, Coker-Aguda, Ikoyi-Obalande, Apapa-Iganmu, Eti-Osa East and Iru/Victoria Island.
In the case of Rivers State, the petitioners alleged the votes returned from Obio-Akpor and Port Harcourt local government areas did not reflect the actual votes scored in the said LGAs for the election in consequence whereof those votes are liable to be voided. The figures on the IReV do not tally with the figures declared by the 1st respondent.
Atiku said he would lead evidence of indiscriminate shooting of guns, physical attack on voters, destruction of electoral materials, disruption of voting process and intimidation of voters.
The petitioners further contended that the mandatory requirements of the Electoral Act, INEC regulations and manual that stipulate for the recording of the quantity, serial numbers and other particulars of result sheets, ballot papers and other sensitive electoral materials to be used in conducting the election were not complied with before and after the election as the 1st respondent and its officers failed to effect the required entries.
While arguing that Tinubu was not duly elected by a majority of lawful votes cast in the election, the former vice president argued that the return of Tinubu by INEC as winner of the election is unlawful, wrongful, unconstitutional, undue, null and void and of no effect whatsoever.
In their petition, marked CA/PEPC/05/ 2023, and filed by their lead counsel, Joe Kyari Gadzama, the petitioners are challenging Tinibu’s victory on the grounds that: “The election of the 2nd respondent (Tinubu) is invalid by reason of non-compliance with the provisions of the Electoral Act, 2022 and by reason of corrupt practices.
They are seeking the determination that the 2nd respondent (Tinubu) was not duty elected by the majority of lawful votes cast in the election and, therefore, the declaration and return of the 2nd respondent by the 1st respondent as the winner of the presidential election conducted on February 25, 2023 is unlawful, wrongful, unconstitutional, undue, null and void and of no effect whatsoever.
“That it may be determined that the return of the 2nd respondent by the 1st respondent was wrongful, unlawful, undue, null and void having not satisfied the requirements of the Electoral Act, 2022 and the 1999 Constitution (as amended) which mandatorily requires the 2nd respondent to score mot less than one quarter (25 per cent) of the lawful votes cast at the election in each of, at least two-thirds, the states in the federation and the Federal Capital Territory, Abuja.”
