The Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar has been taken to the cleaners by the President-elect, Asiwaju Bola Ahmed Tinubu.
The President-elect reminded the PDP candidate how he has always lost in his bid to become the president of Nigeria since 1993.
Tinubu said: “The 1st petitioner (Atiku) has been consistently contesting and losing successive presidential elections in Nigeria since 1993, whether at the party primary election level or at the general election; including 1993, when he lost the Social Democratic Party (SDP) primary election to the late Chief M.K.O Abiola; 2007, when he lost the presidential election to the late President Umaru Musa Yar’Adua; 2011, when he lost the Peoples Democratic Party presidential primary election to President Goodluck Jonathan; 2015, when he lost the APC primary election to President Muhammadu Buhari; 2019, when he lost the presidential election to President Muhammadu Buhari; and now, 2023, when he has again, lost the presidential election to the 2nd respondent (Tinubu).”
“It is not a surprise and not by accident that the electorate rejected the 1st petitioner at the polls of the presidential election held on 25th February, 2023.”
“The emergence of the 1st petitioner as the presidential candidate of the 2nd petitioner led to irreconcilable hostilities within the ranks of the 2nd petitioner, causing the emergence of a group of governors, known all over the country as the G-5 Governors – Rivers, Oyo, Enugu, Abia and Benue, who opposed the 1st petitioner and vowed to mobilise their people against him.”
“While the 1st petitioner contested the presidential election of 2019 with President Muhammadu Buhari under a fairly cohesive PDP with Peter Gregory Obi as his running mate and Rabiu Musa Kwankwaso as one of his supporters, the same Peter Gregory Obi broke away from the PDP to join the Labour Party to contest the presidential election of 25th February, 2023, while Rabiu Musa Kwankwaso also broke away from PDP to contest the presidential election on the ticket of the New Nigeria People’s Party.”
“While Peter Obi polled a total number of 6,101,533, Rabiu Musa Kwankwaso polled 1,496,687.”
“Before the balkanisation of the 2nd petitioner, the South-Eastern states of Enugu, Abia, Imo, Ebonyi and Anambra used to be controlled by the 2nd petitioner, but at the presidential election of 25th February, 2023, they all went the way of the LP.”
“At a ress conference addressed by the 1st petitioner on or about 2nd March, 2023, he admitted the negative impact of the balkanisation of the 2nd petitioner on the fortune of his election, particularly, the exit of Peter Gregory Obi from the party.”
“It is a fact that Peter Obi took our votes from the South-East and South-South, but that wouldn’t make him the President. You need votes from everywhere.”
“While the originating summons (in the suit before the Supreme Court) was filed on 28th February, 2023, this petition was filed on 21st March, 2023.”
“The petitioners herein, through themselves and/or their proxies filed the originating summons at the Supreme Court, before filing this petition.”
“The petitioners are maintaining two processes in respect of the same subject and/or complaint of theirs, against the conduct of the presidential election held on 25th February, 2023.”
“This latter petition is abusive of the originating summons filed at the Supreme Court and is liable to be dismissed in limine.”
“The petitioners’ interpretation of the provisions of section 134 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) is strange, disingenuous (with respect) and contrary to the clear letters and spirit of the said provisions and the entire Constitution as a whole.”
“Nigeria’s democracy is not based on an Electoral College jurisprudence, particularly as it relates to the Federal Capital Territory, Abuja.”
“There is no exclusive obligation that for a valid return from a presidential election in Nigeria, a candidate must score 25percent of the votes cast in the Federal Capital Territory, Abuja.”
“The voters in Abuja are not superior to voters in any other part of Nigeria such that a candidate is mandated to score 25percent in Abuja without such similar status for other states of the federation.”
“The Constitution of the Federal Republic of Nigeria, 1999 (as amended) does not create special voting rights for voters in Abuja or allocate preferential voting rights either to them or to the FCT.”
“The mathematical variables in Section 134 of the Constitution are two, to wit, one quarter of votes cast and two-thirds of all the states and the FCT, Abuja. The mathematical indices are conjunctive.”
“If petitioners’ position was correct, both one quarter and two-thirds will be applied to FCT, Abuja separately. However, because petitioners know that such will result in an absurd situation, they have chosen to apply only the mathematical requirement of one quarter to Abuja to the exclusion of the 2nd mathematical element of two-thirds.”
“In terms of the grammatical and syntactic construct of Section 134 of the Constitution, the provision for two-thirds is more proximate to Abuja than one quarter and petitioners’ failure to relate same to Abuja demonstrates their deliberate attempt to misrepresent the Constitution.”
“The provisions of the Constitution are meant to apply to the FCT as if it were one of the states of the federation and not an entity superior to the other states of the Federation.”
“The Federal Capital Territory Act further reinforces respondent’s assertion that the FCT is for all intents and purposes, to be treated as a state and not superior to a state particularly when construing legislations.”
“The variables established by the Constitution for the purpose of determining one-quarter of the total number of votes cast in two-thirds of the states of the federation and the FCT, is 37 (that is, the 36 states of the federation plus/and/conjunctively with the FCT).”
“The 2nd respondent scored at least 25percent in not less than 29 states of the federation, which is far above two-thirds of the states and the FCT and is thus not inhibited by any constitutional provision from assuming office as President of the Federal Republic of Nigeria.”
“Arithmetically, two-thirds of 37 is 24.6 which is below the number of states wherein the 2nd respondent scored at least one quarter of the total number of votes cast at the election.”
“The petitioners complained about outcome of the election in Abia, Anambra, Delta, Ebonyi, Edo, Enugu, Imo, Kano, Plateau and Lagos states.”
“The 2nd respondent (Tinubu) was not declared as the overall winner in any of the states aforementioned.”
“Mr. Peter Gregory Obi of the Labour Party was declared the overall winner of the election in Abia, Anambra, Delta, Ebonyi, Edo, Enugu, Imo, Plateau and Lagos states, while Rabiu Musa Kwankwaso of the New Nigeria People’s Party was declared winner of the election in Kano State.”
“None of Labour Party, Peter Gregory Obi, Rabiu Musa Kwankwaso, and New Nigeria People’s Party has been joined as a party to this petition.”
“The 2nd respondent cannot be made willy-nilly to defend any infraction allegedly committed in any of the states afore-mentioned.”
“The petitioners are querying the result of elections in all the states where they won the election, including but not limited to Adamawa, Bauchi, Akwa-Ibom, Bayelsa, Gombe, Yobe, Sokoto, Osun, Kebbi and Katsina states, without making themselves co-respondents to the petition; whereas, under Section 133(2) of the Electoral Act, 2022, a party whose election is being challenged shall be made a respondent.”
“As such, the 1st respondent rightly declared the 2nd respondent as the winner of the Presidential election of 25th February, 2023, having won a majority of lawful votes cast at the election and meeting all constitutional requirements to be returned as President of the Federal Republic of Nigeria.”
“They only began to fabricate and manufacture complaints when it became obvious that they had woefully lost the election.”
“Blaming the inability to immediately transmit the result electronically is totally an afterthought and devoid of any substance at all.”
“The 1st petitioner did not score the majority of lawful votes cast at the election, and did not also meet the constitutional threshold under and by virtue of Section 134(2) of the Constitution, as he could only muster 25percent of the votes in 21 states.”
“The order seeking a runoff election is misplaced and misguided, as the 2nd respondent has satisfied all the requirements of the law and the Constitution, and has been rightfully returned as the winner of the presidential election of 25th February, 2023, by the 1st respondent.”
“Shorn of all hype, hyperbole, grandstanding and frivolities, the petition has no substance in fact, logic and law, as well as disclosing no reasonable cause of action.”
“It deserves to be summarily dismissed, as same constitutes a crass abuse of the judicial process.”
