Presidential election legal battle: The Supreme court gives a final ruling.
The legal battle to know who indeed won the Nigerian Presidential Election held on February 23, 2019, has ended in favor of the ruling party, the All Progressives Congress (APC).
The Chief Justice of Nigeria, Justice Tanko Muhammad, who led six other members of the apex court’s panel, delivered the three-sentence judgment which put paid to the legal dispute over the poll.
Shortly after the Supreme Court delivered the judgment, Atiku, the APC, the Senate President, Dr Ahmed Lawan and the Speaker of the House of Representatives, Femi Gbajabiamila, reacted.
Atiku said although the Nigerian judiciary had been sabotaged by a dictatorial cabal, his spirit was not broken by the judgment. The APC advised the former vice-president to stop what it called destructive agenda.
While delivering the judgment, the CJN said the reasons for the decision of the court would be disclosed on a date to be communicated to the parties involved in the case.
He disclosed that members of the panel had read all the documents and exhibits filed in the case for two weeks and found the appeal to be lacking in merit.
He said, “We have examined all the briefs and the exhibits for over two weeks and we agree that there is no merit in this appeal. The appeal is dismissed. (Our) Reasons to be given on a date to be announced.”
Buhari, in a statement by his Senior Special Assistant (Media & Publicity), Garba Shehu, hailed the judgment.
He said, “This matter (Atiku’s case) is now closed…the opposition, as much as the government, must now move on; and without the need for further distractions.”
He stated, “The government – and people of Nigeria – have been aware that the result of the February 23, 2019, presidential election has been settled for some eight months.”
Buhari said “The former Vice President and his political party exercised their rights, under the Nigerian Constitution and Electoral Laws, to petition the courts and dispute the result of the election.
“The elected President and his government now must be enabled to focus solely on addressing the issues that concern the country.”
Hitting the Supreme Court, Atiku, in a statement in Abuja, said “the Nigerian judiciary has been sabotaged and undermined by an over-reaching and dictatorial cabal.” He said the judgment did not break his spirit.
According to him, the judgment is part of democratic challenges Nigeria must face as a nation.
He asked, “Can Nigeria continue like this? Recently, a former United States Assistant Secretary of State for Africa, Linda Thomas-Greenfield, averred that Nigeria had rolled back the democratic gains she made in 2015. When democracy is rolled back, the economy, society and the judiciary will not be far behind. Today, the nail has been put on the coffin and the gains we collectively made since 1999 are evaporating, and a requiem is at hand.
“In a democracy, you need a strong judiciary, a free press and an impartial electoral umpire. Nigeria has none of those three elements as of today.”
Atiku said, “I must accept that the judicial route I chose to take, as a democrat, has come to a conclusion. Whether justice was done, is left to the Nigerian people to decide. As a democrat, I fought a good fight for the Nigerian people. I will keep on fighting for Nigeria and for democracy and also for justice.”
But the Speaker of the House of Representatives, Femi Gbajabiamila, described Buhari’s victory at the Supreme Court as a victory for democracy.
He stated, “I want to urge Mr Atiku Abubakar, who has put to the test our justice delivery system by contesting the election result from the lowest to the highest court, and the PDP to accept the judgment in good faith and in the spirit of sportsmanship and help the government in building a strong, prosperous and united Nigeria.”
Chimamanda Ngozi Adichie writes Biden, blasts INEC
Nigeria’s Hollow Democracy
Why is America congratulating the winner of this disastrous election?
Dear President Biden,
Something remarkable happened on the morning of February 25, the day of the Nigerian presidential election. Many Nigerians went out to vote holding in their hearts a new sense of trust. Cautious trust, but still trust. Since the end of military rule in 1999, Nigerians have had little confidence in elections. To vote in a presidential election was to brace yourself for the inevitable aftermath: fraud.
Elections would be rigged because elections were always rigged; the question was how badly. Sometimes voting felt like an inconsequential gesture as predetermined “winners” were announced.
A law passed last year, the 2022 Electoral Act, changed everything. It gave legal backing to the electronic accreditation of voters and the electronic transmission of results, in a process determined by the Independent National Electoral Commission (INEC). The chair of the commission, Professor Mahmood Yakubu, assured Nigerians that votes would be counted in the presence of voters and recorded in a result sheet, and that a photo of the signed sheet would immediately be uploaded to a secure server. When rumors circulated about the commission not keeping its word, Yakubu firmly rebutted them. In a speech at Chatham House in London (a favorite influence-burnishing haunt of Nigerian politicians), he reiterated that the public would be able to view “polling-unit results as soon as they are finalized on election day.”
Nigerians applauded him. If results were uploaded right after voting was concluded, then the ruling party, the All Progressives Congress (APC), which has been in power since 2015, would have no opportunity for manipulation. Technology would redeem Nigerian democracy. Results would no longer feature more votes than voters. Nigerians would no longer have their leaders chosen for them. Elections would, finally, capture the true voice of the people. And so trust and hope were born.
By the evening of February 25, 2023, that trust had dissipated. Election workers had arrived hours late, or without basic election materials. There were reports of violence, of a shooting at a polling unit, and of political operatives stealing or destroying ballot boxes. Some law-enforcement officers seemed to have colluded in voter intimidation; in Lagos, a policeman stood idly by as an APC spokesperson threatened members of a particular ethnic group who he believed would vote for the opposition.
Most egregious of all, the electoral commission reneged on its assurance to Nigerians. The presidential results were not uploaded in real time. Voters, understandably suspicious, reacted; videos from polling stations show voters shouting that results be uploaded right away. Many took cellphone photos of the result sheets. Curiously, many polling units were able to upload the results of the House and Senate elections, but not the presidential election. A relative who voted in Lagos told me, “We refused to leave the polling unit until the INEC staff uploaded the presidential result. The poor guy kept trying and kept getting an ‘error’ message. There was no network problem. I had internet on my phone. My bank app was working. The Senate and House results were easily uploaded. So why couldn’t the presidential results be uploaded on the same system?” Some electoral workers in polling units claimed that they could not upload results because they didn’t have a password, an excuse that voters understood to be subterfuge. By the end of the day, it had become obvious that something was terribly amiss.
No one was surprised when, by the morning of the 26th, social media became flooded with evidence of irregularities. Result sheets were now slowly being uploaded on the INEC portal, and could be viewed by the public. Voters compared their cellphone photos with the uploaded photos and saw alterations: numbers crossed out and rewritten; some originally written in black ink had been rewritten in blue, some blunderingly whited-out with Tipp-Ex. The election had been not only rigged, but done in such a shoddy, shabby manner that it insulted the intelligence of Nigerians.
Nigerian democracy had long been a two-party structure—power alternating between the APC and the Peoples Democratic Party—until this year, when the Labour Party, led by Peter Obi, became a third force. Obi was different; he seemed honest and accessible, and his vision of anti-corruption and self-sufficiency gave rise to a movement of supporters who called themselves “Obi-dients.” Unusually large, enthusiastic crowds turned up for his rallies. The APC considered him an upstart who could not win, because his small party lacked traditional structures. It is ironic that many images of altered result sheets showed votes overwhelmingly being transferred from the Labour Party to the APC.
As vote counting began at INEC, representatives of different political parties—except for the APC—protested. The results being counted, they said, did not reflect what they had documented at the polling units. There were too many discrepancies.
“There is no point progressing in error, Mr. Chairman. We are racing to nowhere,” one party spokesperson said to Yakubu. “Let us get it right before we proceed with the collation.” But the INEC chair, opaque-faced and lordly, refused. The counting continued swiftly until, at 4:10 a.m. on March 1, the ruling party’s candidate, Bola Tinubu, was announced as president-elect.
A subterranean silence reigned across the country. Few people celebrated. Many Nigerians were in shock. “Why,” my young cousin asked me, “did INEC not do what it said it would do?”
It seemed truly perplexing that, in the context of a closely contested election in a low-trust society, the electoral commission would ignore so many glaring red flags in its rush to announce a winner. (It had the power to pause vote counting, to investigate irregularities—as it would do in the governorship elections two weeks later.)
Rage is brewing, especially among young people. The discontent, the despair, the tension in the air have not been this palpable in years.
How surprising then to see the U.S. State Department congratulate Tinubu on March 1. “We understand that many Nigerians and some of the parties have expressed frustration about the manner in which the process was conducted and the shortcomings of technical elements that were used for the first time in a presidential election cycle,” the spokesperson said. And yet the process was described as a “competitive election” that “represents a new period for Nigerian politics and democracy.”
American intelligence surely cannot be so inept. A little homework and they would know what is manifestly obvious to me and so many others: The process was imperiled not by technical shortcomings but by deliberate manipulation.
An editorial in The Washington Post echoed the State Department in intent if not in affect. In an oddly infantilizing tone, as though intended to mollify the simpleminded, we are told that “officials have asserted that technical glitches, not sabotage, were the issue,” that “much good” came from the Nigerian elections, which are worth celebrating because, among other things, “no one has blocked highways, as happened in Brazil after Jair Bolsonaro lost his reelection bid.” We are also told that “it is encouraging, first, that the losing candidates are pursuing their claims through the courts,” though any casual observer of Nigerian politics would know that courts are the usual recourse after any election.
The editorial has the imaginative poverty so characteristic of international coverage of African issues—no reading of the country’s mood, no nuance or texture. But its intellectual laziness, unusual in such a rigorous newspaper, is astonishing. Since when does a respected paper unequivocally ascribe to benign malfunction something that may very well be malignant—just because government officials say so? There is a kind of cordial condescension in both the State Department’s and The Washington Post’s responses to the election. That the bar for what is acceptable has been so lowered can only be read as contempt.
I hope, President Biden, that you do not personally share this cordial condescension. You have spoken of the importance of a “global community for democracy,” and the need to stand up for “justice and the rule of law.” A global community for democracy cannot thrive in the face of apathy from its most powerful member. Why would the United States, which prioritizes the rule of law, endorse a president-elect who has emerged from an unlawful process?
Compromised is a ubiquitous word in Nigeria’s political landscape—it is used to mean “bribed” but also “corrupted,” more generally. “They have been compromised,” Nigerians will say, to explain so much that is wrong, from infrastructure failures to unpaid pensions. Many believe that the INEC chair has been “compromised,” but there is no evidence of the astronomical U.S.-dollar amounts he is rumored to have received from the president-elect. The extremely wealthy Tinubu is himself known to be an enthusiastic participant in the art of “compromising”; some Nigerians call him a “drug baron” because, in 1993, he forfeited to the United States government $460,000 of his income that a Chicago court determined to be proceeds from heroin trafficking. Tinubu has strongly denied all charges of corruption.
I hope it will not surprise you, President Biden, if I argue that the American response to the Nigerian election also bears the faint taint of that word, compromised, because it is so removed from the actual situation in Nigeria as to be disingenuous. Has the United States once again decided that what matters in Africa is not democracy but stability? (Perhaps you could tell British Prime Minister Rishi Sunak, who quickly congratulated Tinubu, that an illegitimate government in a country full of frustrated young people does not portend stability.) Or is it about that ever-effulgent nemesis China, as so much of U.S. foreign policy now invariably seems to be? The battle for influence in Africa will not be won by supporting the same undemocratic processes for which China is criticized.
This Nigerian election was supposed to be different, and the U.S. response cannot—must not—be business as usual. The Nigerian youth, long politically quiescent, have awoken. About 70 percent of Nigerians are under 30 and many voted for the first time in this election. Nigerian politicians exhibit a stupefying ability to tell barefaced lies, so to participate in political life has long required a suspension of conscience. But young people have had enough. They want transparency and truth; they want basic necessities, minimal corruption, competent political leaders, and an environment that can foster their generation’s potential.
This election is also about the continent. Nigeria is a symbolic crucible of Africa’s future, and a transparent election will rouse millions of other young Africans who are watching, and who long, too, for the substance and not the hollow form of democracy. If people have confidence in the democratic process, it engenders hope, and nothing is more essential to the human spirit than hope.
Today, election results are still being uploaded on the INEC server. Bizarrely, many contradict the results announced by INEC. The opposition parties are challenging the election in court. But there is reason to worry about whether they will get a fair ruling. INEC has not fully complied with court orders to release election materials. The credibility of the Nigerian Supreme Court has been strained by its recent judgments in political cases, or so-called judicial coronations, such as one in which the court declared the winner of the election for governor of Imo State a candidate who had come in fourth place.
Lawlessness has consequences. Every day Nigerians are coming out into the streets to protest the election. APC, uneasy about its soiled “victory,” is sounding shrill and desperate, as though still in campaign mode. It has accused the opposition party of treason, an unintelligent smear easily disproved but disquieting nonetheless, because false accusations are often used to justify malicious state actions.
I supported Peter Obi, the Labour Party candidate, and hoped he would win, as polls predicted, but I was prepared to accept any result, because we had been assured that technology would guard the sanctity of votes. The smoldering disillusionment felt by many Nigerians is not so much because their candidate did not win as because the election they had dared to trust was, in the end, so unacceptably and unforgivably flawed.
Congratulating its outcome, President Biden, tarnishes America’s self-proclaimed commitment to democracy. Please do not give the sheen of legitimacy to an illegitimate process. The United States should be what it says it is.
Chimamanda Adichie is the author of Americanah and, most recently, Notes on Grief.
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Akwa Ibom Corps Member Slaughters Boyfriend
A corps member identified as Princess Odume, was on Monday arrested by the Akwa Ibom police command for the murder of a yet-to-be-identified man.
The young woman, who is said to be a graduate of the University of Nigeria, Nsukka, Enugu State, was stripped naked by neighbours of the victim who caught her trying to skip the fence with a machete.
The Akwa Ibom Police Public Relations Officer, Odiko Ogbeche-Macdon confirmed the victim was the alleged murderer’s lover.
He also said, “The police are investigating. The police have her in custody, she committed the act, but as I speak, an investigation is ongoing as to how and why she did it.”
COVID-19 Claims the Life of a House on the Rock Pastor
A House On The Rock pastor, Adeyinka Akinbami(61), lost his life to COVID-19 on Friday, the 8th of January, 2021.
The Senior Pastor, of the church, Paul Adefarasin, urged Nigerians to adhere to the COVID-19 protocols.
“Yesterday (Friday), I received the rude and shocking news of someone deeply dear to me and all of the HOTR family. The passing of Pastor Yinka Akinbami has become most painful because if there truly were good men, he was certainly one. To my brother, sleep well till we meet to part no more.
“Family, kindly allow me to solicit your intercession for his dear wife of over 30 years; Pastor Tolu, his children, his children-in-law, and grandchildren. We can only at best imagine how much pain they are feeling. We share the pain of his loss but they will feel it a lot more.
“It’s important to remind the community about the deadly nature of the COVID-19 and its mutant virus strains. Please do your part by following all the recommended precautions. That way, you are able to protect yourself and others who become proximal to you. God bless and keep us all”, Adefarasin Tweeted.
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