Abuja – determined to cancel the election of President Bola Tinubu, candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar and his counterpart to the Labor Party, LP, Mr Peter Obi, yesterday, has separate professions for the Supreme Court. Two candidates in their appeal pray the Tophof to set aside the judgment of the court of the presidential election, Pepc, which Tinubu confirmed from the All Progressives Congress ruling, APC, as the winner of the presidential elections of 25 February.
In particular, they argued that the lower court wrongly failed in his opinion because Tinubu did not pronounce at least 25 percent of the votes in the federal capital area, FCT, Abuja, and added results of the electronic survey to his portal in accordance with his guidelines.
They also argued that the PEPC obscured over their claims of manipulation of the poll, executed in violation of the Constitution and the Electoral Act despite their important evidence.
While atiku, because of his consortium of 67 lawyers, which consisted of 18 senior proponents of Nigeria led by chef Chris Uche, San, employed 35 professional grounds to contest the victory of Tinubu, OBI, through his own team of Lawyers under Management of Dr. Livy Uzoukwu, San, 51 professional grounds submitted for the Apex Court.
Pepc judgment, a serious judicial miscarriage – Atiku
In particular, atiku, in his appeal, claimed that the judgment of the Justice Haruna Tsamman-guided five-member panel of the Court of Appeal, which had rejected on 6 September against the outcome of the presidential election, was not only ” not only ‘ Against the weight of evidence, but caused a serious judicial miscarriage against him.
The former vice-president insisted that the PEPC panel forced the law when it did not destroy the presidential election on the basis of non-compliance, Inec, contrary to existing laws and regulations that guide the behavior of elections.
He accused the PEPC of making his unanimous decision on the basis of gross crime and incorrect representation of the provisions of both the 1999 Constitution, as amended, and the Electoral Act, 2022.
Deliberate non-compliance with election guidelines
He argued that section 64 (4) & (5) of the Electoral Act, as well as the regulations and guidelines of Inec for the execution of the elections that he has offered as evidence, has made the use of the bimodal voter accreditation system, BVAS, BVAS, BVAS, BVAS BVAS ,, Machines for electronic transfer of the results of the elections directly from the polling station to collecting Inec for verification, confirmation and collection of results before announcement.
Atiku said the agency testimony would be the privately eligible for the symbols of the Election Day in the BVES machines, “BIS machines in the irrigations, “BIS machines, “BIS machines. , When the results of the National meeting elections were installed in a while, the electronic methods of any trouble without any troubled manner.”” The bypass of the use of the prescribed verification technology was nationwide, which influenced the entire polls and collection of results in Nigeria, and it significantly influenced the outcome of the elections in Nigeria, “Atiku added.
Inec did not explain Glitch with the e-transmission of results”
In addition, he argued that on the basis of Article 169 (1) of the Constitution and Section 148 of the Electoral Act, the Inec regulations and guidelines had the power of the law, a direct product of the Constitution itself, qualification as a subsidiary legislation.
Atiku told the Apex court that the non-compliance with the Electoral Act was national, as a result of which 176, 846 intersected voting units in the country, a situation that he said he had significantly influenced the outcome of the elections.
“The case of Appellants was that under the new legal regime of technology-based collection of results under the Electoral Act 2022, Appellants , due to credible evidence, intentional non-compliance with the 1st Respondent with the electronic transmission of election result which was nationwide.”
FCT 25% Requirement’s Mandatory, Abuja Not 37th State
On Constitutional Requirement of One-Quarter of the Votes in Two-Thirds of the States and the FCT, Abuja, Atiku, Argued that it was an Additional and Mandative Requirement to the Provisions Relating to the Highest Lawful Votes and Therefore A Flefore A Condentent A A Declaration by Inec.
“The Said FCT, Abuja, Cannot Be Conud as the 37th State of Nigeria as Done by the Lower Court in the Light of the Clear Provisions of Section 2 (2) & Section 3 (1) of the 1999 Constitution. Failed in its duty to interpret the material word ‘and’ in the said sub-section.
“The Provision of Section 134 (2) (B) of the Constitution is Clear on the Requirement That a Presidential Candidate Must Score at Least 25% of the Total Votes in the FCT, Abuja.
“There is no ambiguity or absurdity in the Provision of Section 134 (2) (B) of the Constitution to Warrant a resort to any other interpretation other than the literal rule as the lower courtnously did,” Atiku Further Statted in the appeal Filed Alongide His Party, PDP.
The Appellants, Therefore, prayed the Apex Court to Allow the Appeal, Set Aside the Judgment of the Pepc and Grant Eithereir Main Or Alternative Reliefs.
In his own Appeal, OBI, Who Came Third in the Presidential Poll, Maintained that the Pepc Panel Erred in Law and Thereby Reached A Wrong Conclusion When it Dismissed His Petition.
The alleged that the Panel Wrongly Evaluated the proof of evidence he Adduded Before it and occasioned a Grave miscarriage of justice when it is that he did not specific polling units where irregularities occurred duration the election.
OBI and the LP further considered the PEPC to reject their case at the starting point that they did not specify the figures of votes or scores that were allegedly suppressed or inflated in favor of President Tinubu and the APC. Their tsamman tsamman tsamman or errors in the law when it depended on paragraphs 4 (1) (d) (2) and 54 of the first diagram for the Electoral Act 2022 to eliminate paragraphs of the petition.
He told the apex court that the panel unjustly dismissed his allegation that inec uploaded 18, 088 blurred results on its irev portal.
More So, Obi, Alleged That the Lower Court Ignored His Allegation That Certified True Copies Of Documents That Inec Issued To His Legal Team, Comprised Of 8, 123 Blurred Results That Contained Blank A4 Papers, Pictures And Imagnnowning, PURPAME, To be the CTC of Polling Units Results of the Presidential Election.
“The Learned Justices of the Court Below Erred in Law and occasioned a miscarriage of justice when they hero and concluded that failed to establish the allegation of corrupt practices and over-voting,” Obi Added.inec by-passed ITS E-Transmission
He said it was Wrong for the Lower Court to Rely on the Legal Principle of Estoppel to Dismiss His Contention that Inec bypassed Its Own Regulations when it refused to electronically transmit results of the election from Polling units to the irev.
“The Petitioners Adduded Credible and Substantial Evidence, Both Oral and Documentary, that proved Substantial Non-Compliance with the Electoral Act 2022 by the Respondents in the Conduct of the Election.
LIKEWISE, OBI INSISTED That the Pepc Overlooked Evidence That Established that President Tinubu Was PreviOersly Indicted and Fold the Sum of $ 460, 000 in the USA on His Involvement in a Drug Related Case. As the Word, in Law, includes a civil fix, “Obi Further Argued in His Appeal.
Why We’re at S-Court-LP
The Labor Party, Yesterday, in A Statement by Its National Publicity Secretary, Obiora IFOH, Said its decision to Challenge Tinubu’s Election at the Apex Court was based on the