The Presidential Election Tribunal Ruling and the Implications of a Supreme Court Appeal

The recent ruling by the Presidential Election Petition Tribunal (PEPT) affirming the election of President Bola Tinubu has ignited a flurry of reactions and discussions across Nigeria’s political landscape. The petitions were filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, and his Labour Party counterpart, Peter Obi, who both sought to challenge the outcome of the February 25 presidential election.

The PEPT, comprising a five-member panel led by Justice Haruna Tsammani, delivered its verdict unanimously, upholding Tinubu’s electoral victory. The tribunal dismissed the petitions filed by Atiku and Obi, citing a lack of merit and insufficiency of evidence to substantiate their claims.

This pivotal decision reverberated throughout the nation’s political sphere, raising questions about the future of the petitioners’ legal battle.

A central pillar of the tribunal’s ruling was the observation that the petitioners failed to provide specific details of alleged irregularities, such as over-voting and fictitious results. Additionally, they did not attach essential documents like spreadsheets and forensic reports to their petition, leaving the tribunal unconvinced of the veracity of their claims.

The tribunal further emphasised its position by pointing out the rejection of the evidence presented by 10 out of 13 witnesses, significantly undermining the petitioners’ case. This raised questions about the competence of the petitioners’ legal team and their ability to present a compelling argument.

In the eyes of the tribunal, the petitioners introduced facts and allegations improperly, failing to comply with legal procedures. These technical missteps were viewed as detrimental to their case and raised concerns about their preparedness.

Another significant aspect highlighted was the failure of Atiku and Obi to include essential parties, such as Governor Yahaya Bello of Kogi State, who was accused of electoral fraud, in their petition. This omission was considered a strategic misstep that hindered their ability to present a comprehensive case.

The tribunal provided clarity on the interpretation of the 25% votes cast in the Federal Capital Territory (FCT) presented by the petitioners, asserting that it was flawed and unconvincing. This legal interpretation cast doubt on the overall strength of their argument.

Why a Supreme Court Appeal May Not Yield a Different Outcome

Despite the tribunal’s decision, Atiku and Obi have expressed their intention to appeal at the Supreme Court. However, a professional analysis suggests several reasons why this course of action may not significantly alter the course of events.

The tribunal’s ruling was perceived by some as a victory for democracy. Continuing the legal battle could exacerbate political polarisation and threaten the stability of Nigeria’s democratic institutions, making it a precarious path to tread.

The tribunal’s unanimous decision highlighted the lack of merit in the petitioners’ case. To succeed at the Supreme Court, they would need to present stronger evidence and legal arguments, which were notably absent at the tribunal.

The rejection of the majority of their witnesses at the tribunal demonstrated weaknesses in their legal team’s preparation and presentation. Addressing this issue effectively at the Supreme Court is a formidable challenge.

Prolonging the legal battle may further divide the country along political lines and hinder the much-needed focus on addressing pressing national issues. This could be detrimental to the nation’s stability and progress.

Nigerian election laws and the jurisprudence surrounding election petitions favour the presumption of regularity in elections. Successfully challenging the outcome of a presidential election is a complex endeavour, and the burden of proof is high.

The PEPT’s ruling in favour of President Tinubu has set the stage for a pivotal decision regarding the presidential election’s legitimacy. While the petitioners are within their rights to appeal to the Supreme Court, it is crucial to recognise the challenges they face in overturning the tribunal’s decision. A Supreme Court appeal may not substantially alter the outcome, and the potential for political turmoil looms large. As Nigeria strives for democratic progress, balancing the pursuit of justice with the need for stability and unity is essential.