The Court of Appeal Headquarters in Abuja is currently under heavy security as it prepares to deliver its judgment on three petitions aiming to remove President Bola Tinubu from office. Armed security personnel from the Nigeria Army, Nigeria Police Force, and the Nigeria Civil Defence and Security Corps are stationed at all entry points to the court. Additionally, the Department of State Services (DSS) is meticulously verifying the identities of individuals entering the premises.
The court has made it clear that only accredited individuals will be allowed inside, instructing its staff members to remain at home. However, the court has decided to permit the live broadcast of its judgment on the three petitions.
The five-member panel, led by Justice Haruna Tsammani, approved the cases for judgment on August 1 after all parties presented their final arguments. The petitions, identified as CA/PEPC/03/2023, CA/PEPC/05/2023, and CA/PEPC/04/2023, were filed by Mr. Peter Obi of the Labour Party, former Vice President Alhaji Atiku Abubakar of the Peoples Democratic Party (PDP), and the Allied Peoples Movement (APM), respectively.
On March 1, the Independent National Electoral Commission (INEC) announced that President Tinubu of the ruling All Progressives Congress (APC) had won the presidential election held on February 25, defeating 17 other candidates. President Tinubu received a total of 8,794,726 votes, while Alhaji Atiku of the PDP came second with 6,984,520 votes, and Mr. Obi of the LP came third with 6,101,533 votes.
Dissatisfied with the election results, both Atiku and Obi filed separate petitions challenging the outcome and President Tinubu’s eligibility to run for the election.
The petitioners are seeking a declaration from the court that President Tinubu did not secure the majority of lawful votes and are also requesting the withdrawal of his Certificate of Return issued by INEC. Alternatively, they are asking the court to order a fresh presidential election, excluding President Tinubu, whom they argue was not qualified to participate in the poll from the beginning.
According to the Electoral Act 2022, candidates aggrieved by election results must file a petition before the court within 21 days of INEC’s declaration of results, and the court is required to deliver its written judgment within 180 days.
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The court concluded its hearing of both Atiku and Obi’s petitions on July 5. Obi presented 13 witnesses and numerous documentary exhibits, while Atiku had 27 witnesses and exhibits. INEC and President Tinubu wrapped up their defenses with only one witness each, and the APC did not produce any witnesses.
All the respondents, in their written addresses, have called on the court to dismiss the petitions for lack of merit, arguing that the petitioners failed to meet the burden of proof required by the law. President Tinubu has urged the court to affirm his valid election by INEC.
