By Eric Elezuo

The much awaited February 25, 2023 Presidential and National Assembly Elections have come and gone. Not only has the election been concluded, the Prof. Mahmood Yakubu-led Independent National Electoral Commission (INEC) has also concluded collation of results, and on March 1, 2023 declared the candidate of the ruling All Progressives Progress, Asiwaju Bola Tinubu as the winner, and president-elect.

But the declaration of Tinubu as winner has popped up more electoral act crisis as two of the major parties and their presidential candidates in the election have rejected the election in its totality, calling for a total cancellation. They maintain that the elections were heavily flawed with potent evidence of manipulations, harassment, violence, intimidation and stealing and destruction of electoral materials all in the name of denying a group of people their rights to vote.

Consequently, Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP) and Mr. Peter Obi of the Labour Party (LP) have taken their grievances to the judiciary to seek redress with each claiming that they won the election. They agreed that INEC worked to favour the ruling party, ignoring the use of the much publicised Bimodal Voter Accreditation System (BVAS) and the promise to electronically transmit results to IReV in real time. But all the calls made to INEC to call off the announcement of results to review identified lapses were rebuffed with the continuation of election results and the subsequent declaration of Tinubu as winner. The battle has therefore shifted to the Appeal Court where the first part of crossfire will take place before the Supreme Court finally decides without recourse to another authority.

Except in 2015 when former President Goodluck Jonathan took the path of honour and conceded defeat to Muhammadu Buhari, all other elections have been contested in the courts, and the courts have been the ultimate decider. Buhari remained the chief litigant as he has practically gone to court on record occasions including against Chief Olusegun Obasanjo, Alhaji Musa Yaradua and Dr. Goodluck Jonathan. Presently, all the parties in the suit have been granted permission to interrogate all INEC election materials.

Declaring his decision to challenge INEC’s declaration in court, Obi addressed a press conference a day after, and declared as follows:

“This is my first time of speaking to the media, and I thank all of you for your understanding. For me, it is a very simple thing to speak to Nigerians who on the 25th of February trooped out en masses as committed citizens to participate in what all of us have called an existential election, for a supposedly free, fair, credible presidential and national assembly election. We give thanks to God.

“For me, the number one thing is gratitude. Gratitude to God Almighty that continues to protect and bless our dear country Nigeria. Number two is gratitude. Gratitude to Nigerians that participated in the election, answering the call as true citizens in our dear country. Number three is gratitude to those of you Nigerians, especially the youth, that believed and worked tirelessly for a new Nigeria, I thank them for the hard work. Gratitude to the Obidients, Youths, those who believe that a new Nigeria is possible, and I say to them that a new Nigeria is possible, and we will work for that new Nigeria.

“The resilience, the hard work, for a new Nigeria should not wane. Datti and I remain committed to that new Nigeria. I know how they will be feeling now because of the way the elections have come and gone. The commitment of Nigerians, even in the face of unwarranted attacks, is a testimony that a new Nigeria is indeed possible. I look at people like Lady Jennifer who was stabbed but insisted on voting, and that gives me courage to believe that a new Nigeria is indeed possible –and there are so many other Nigerians.

“The election that we just witnessed has been conducted and results announced as programmed. It is a clear violation of the electoral rules and guidelines as we were promised. This election did not meet the minimum standard expected of a free, transparent, credible fair election. It will go down as one of the most controversial elections ever conducted in Nigeria.

“The good and hardworking people of Nigeria have again been robbed by our supposed leaders whom they trusted. However, very humbly, I must appeal to all Nigerians to remain peaceful, law-abiding, and conduct themselves in the most responsible manner. Please be assured that Datti and I, and indeed all of us, this is not the end but the beginning of the journey for the birth of a new Nigeria. Datti Baba-Ahmed and I remain undaunted and committed to the project of a new Nigeria that will be built on honesty, transparency, fairness, justice, equity.

“All the above starts with a process. The process through which people come into office is far more fundamental, more important than what they do thereafter. It is my belief that if you must answer “His Excellency”, the process through which you arrive to office must be excellent.

“We must now require that we do the right things. It has to generate the confidence and moral authority to lead. As you know, the destruction of a society begins and gradually progresses when we act rascally, with the deliberate manipulation of the rule of law and the suppression of the will of the people. During my campaign we have been saying that we will govern by the rule of law because we know what not doing that will bring about.

“I assure the good people of Nigeria that we will explore all legal and peaceful options to recall our mandate.

“We won the election, and we will prove it to Nigerians.

“Please, do not despair. We have elections coming up on the 11th. I enjoin you to go out. Campaign. Come out and vote in that election. We still have so many massive support out there that we need for our subnational and state assemblies. Please, come out and be part of that election. I assure you that I will be part of it. I assure you that I am totally committed to a better future in this country, and nothing will stop that. Datti’s commitment, my commitment, is total.

“Be rest assured that your support will not be in vain and you will not find us wanting. We must build a better Nigeria where Nigerian youth will be happy, glad to call their own country.

“Thank you and may God Almighty continue to bless the Federal Republic of Nigeria.”

Also, the presidential candidate of the PDP followed and declared as follows:

“Fellow Nigerians, it is with a heart full of sadness that I address you today.

“I have in the last three decades devoted my life to the battle to birth and deepen democracy in our country.

“It was a battle that started during the military era. It was a struggle that nearly caused me my life and that of my son, Adamu, in Kaduna. I survived the assassination only by the mercies and grace of God.

“Following that attack, I was forced into exile. But that attack claimed the precious lives of some police officers. That was not all: my businesses were nearly crippled and my signature business was eventually appropriated by the maximum ruler of that era. My commitment to enthroning democracy ensured that I joined forces with other compatriots. As a leader of the defunct Social Democratic Party (SDP), we fought and won the 1993 presidential election, which was acclaimed as the fairest and freest election in our history. Sadly, Chief MKO Abiola, who embodied that hope for the birth of a new Nigeria, paid the ultimate price

“Our fight to enthrone democracy continued. Indeed, the motivating factor for the birth of the Peoples Democratic Party was to force the exit of the military from government and their permanent return to the military barracks.

“Following the exit of the military and the advent of democratic rule in 1999, I did not rest on my oars. I deployed the same level of commitment to advance and deepen our democracy. I did this because our democracy was bought at a huge price of human lives. My mentor and true Nigerian hero, who this venue in which we are gathered this evening is named for, was one of those who paid the ultimate price in that battle. So, also was Chief Alfred Rewane, Chief MKO Abiola and his dear wife, Chief (Mrs) Kudirat Abiola.

“It was also for this reason that I sacrificed my political aspiration and fought against the actualisation of Third Term. Whether during the military or civilian era, I have, no matter how inconvenient, pitched my tent with the people against dictators. During the military regime, it nearly cost me my life and the near decimation of my businesses. In the civilian administration, it had serious adverse implications on my political life. But I have remained undaunted because I was, and still convinced, that the only reason why I am in politics is to work in tandem with other compatriots in the advancement of the wellbeing of the people.

“The 2023 presidential election presented our nation and its people the greatest opportunity for a reset. We had everything going for us: a legal framework in the 2022 Electoral Act and the BVAS technology. The enthusiasm of Nigerians to turn out and in large numbers was an added bonus.

“However, the dreams and aspirations of Nigerians who braced all the challenges to go and cast their votes on Saturday, 25th of February, 2023, were shattered by the conduct of the Independent National Electoral Commission (INEC), which failed to live up to expectations. The weekend election was neither free nor fair. Preliminary assessments indicate that it is the worst conducted elections since the return to democratic rule. The manipulation and fraud that attended this election was unprecedented in the history of our nation. I can still not understand why the electoral umpire was in such a hurry to conclude collation and announcement of the result, given the number of complaints of irregularities of bypassing of the BVAS, failure of uploading to the IREV, and unprecedented cancellations and disenfranchisement of millions of voters in breach of the Electoral Act and the commission’s own guidelines. It was indeed a rape of democracy.

“Having consulted with leaders of our party and Nigerians from different walks of life, I have come to the conclusion that the processes and outcome of the Presidential and National Assembly election of last Saturday was grossly flawed in every material particular, and as such must be challenged. This has been attested to by both local and international observers. I want to believe that this was not the legacy that President Muhammadu Buhari had promised. For President Buhari, it is not too late to make amends for the good of our country and the future generations and indeed to assure his legacy.

“This battle to right the wrongs of Saturday is not about me. It is a continuation of my battles to deepen democracy and for a better life for our people. It is about the future of Nigerian youths.

“I know that Nigerians, especially the youth, are traumatised by the developments, but I want to urge them to conduct themselves peacefully. Like I have done over the years, I assure you that I will commit the rest of my life in ensuring that true democracy, which affirms the supremacy of your votes and your will, will take firm footing and guarantee a stable, prosperous and peaceful Nigeria. This is more so as Nigeria represents the hope of Africa and the Black World.”

The duo of Atiku and Peter Obi must have at the back of their minds that no presidential election result declared has ever been upturned by any court in the history of Nigeria’s democracy. It will be a new precedence if by any stroke of luck any of the two is able to make the justices of the Supreme Court change the results already declared.

Saddled with the responsibility of making the right decision as the choice of the next Nigeria’s president shifts to the judiciary are Justice Olukayode Ariwoola, who is the Chief Justice of Nigeria; Musa Datijo Muhammad, Kudirat Kekere-Ekun, Chima Centus Nweze, Amina Augie, Uwani Musa Abba Aji, John Inyang Okoro and Lawal Garba.