The Presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar has formally asked the Presidential Election Petition Tribunal (PEPT) to set aside the return of Bola Ahmed Tinubu of the All Progressives Congress(APC) and declare him  as winner of the February 25 presidential election.

In the alternative, Atiku and PDP in their petition have asked the tribunal to direct INEC to conduct a rerun election between him and Tinubu or order for  a fresh election entirely.

They alleged that the entire election was marred by manifest irregularities, over-voting, violence and infractions especially in Lagos and Rivers States including Lagos Island, Mainland, Surulere, Apapa and Eti-Osa, as well as eight Local Council Development Areas like Lagos Island East, Yaba, Itire-Ikate, Coker-Aguda, Ikoyi-Obalande, Apapa-Iganmu, Eti-Osa East and Iru/Victoria Island.

In the case of Rivers State, the petitioners alleged that the votes returned from Obio-Akpor and Port Harcourt Local Government Areas (“LGA”) did not reflect the actual votes scored in the said LGAs for the Election in consequence whereof those votes are liable to be voided. The figures on the IReV do not tally with the figures declared by the 1st Respondent.

Atiku said he would lead evidence of indiscriminate shooting of guns, physical attack on voters, destruction of electoral materials, disruption of voting process and intimidation of voters.

The petitioners further contended  that the mandatory requirements of the Electoral Act, INEC Regulations and INEC Manual that stipulate for the recording of the quantity, serial numbers and other particulars of result sheets, ballot papers and other sensitive electoral materials to be used in conducting the Election were not complied with before and after the Election as the 1st Respondent and its officers failed to effect the required entries.

While arguing that Tinubu was not duly elected by a majority of lawful votes cast in the election, the former Vice President argued that the return of Tinubu by the Independent National Electoral Commission (INEC) as winner of the election is unlawful, wrongful, unconstitutional, undue, null and void and of no effect whatsoever.

In their petition marked CA/PEPC/05/ 2023, and filed by their lead counsel, Joe Kyari Gadzama, SAN, the petitioners are challenging Tinibu’s victory on grounds that: “The election of the 2nd respondent (Tinubu) is invalid by reason of noncompliance with the provisions of the Electoral Act, 2022 and by reason of corrupt practices.

They are seeking the determination

that the 2nd respondent (Tinubu) was not duty elected by the majority of lawful votes cast in the election and therefore the declaration and return of the 2nd respondent by the 1st respondent as the winner of the presidential election conducted on the 25th day of February, 2023 is unlawful, wrongful, unconstitutional, undue, null and void and of no effect whatsoever.

” That it may be determined that the return of the 2nd respondent by the 1st respondent was wrongful, unlawful, undue, null and void having not satisfied the requirements of the Electoral Act 2022 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which mandatorily requires the 2nd Respondent to score mot less than one quarter (25 percent) of the lawful votes cast at the election in each of at least two-thirds of all the states in the federation and the Federal Capital Territory, Abuja.

That it may be determined that the 2nd respondent was, at the time of the election, not qualified to contest the said election.

That it may be determined that the 1st petitioner having scored the majority of lawful votes cast at the Presidential election of Saturday, 25th February 2023, be returned as the winner of the said election and be sworn in as the duly elected President of the Federal Republic of Nigeria.

The Petitioners aver that the 2nd Respondent scored only 18.99% of the votes cast in the FCT which falls short of the 25% required to enable the 1st Respondent validly to declare him as duly elected.

The Petitioners also aver that the declaration of the 2nd Respondent by the 1st Respondent as duly elected is unconstitutional, null, void and of no legal effect.

The Petitioners state that the purported results from 19,702 Polling Units across 36 States and Federal Capital Territory contain various forms of infractions.

The Petitioners state that a total of 4,307 polling units are without stamp on the respective Form EC8A therefrom. Details of the States and number of polling units in each State affected are as shown in the Statisticians Report herein pleaded.

The Petitioners further state that results from 1,300 polling units do not have signatures of the Presiding Officers on the respective Forms EC8A. Details of the States and polling units affected are as shown in the Statisticians Report herein pleaded.

The Petitioners state that the purported results from 6,418 polling units have and indicate zero accreditation. The polling units and States affected are as shown in the Statisticians Report herein pleaded.

The Petitioners state that critically 9,463 polling units across 30 States have shown that the votes returned are in excess of accredited voters.

The Petitioners further contend that given the number of registered voters in polling units where elections did not take place, in addition to those polling units where elections were cancelled, (the details of which are set out in the Statisticians Report pleaded by the Petitioners), the return of the 2nd Respondent as the winner of the Election in the circumstance was hasty and undue as the margin of lead is less than the number of disenfranchised voters.

The Petitioners state that the return of the 2nd Respondent by the 1st Respondent as the winner of the Election in the above circumstances is unlawful and wrongful as the said return was made in violation of the provisions of the Electoral Act 2022 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The Petitioners state that as part of the irregularities which were prevalent in the conduct of the Election, the Presiding Officers failed to properly fill and countersign alterations in election forms including forms EC8A, EC8B, EC8C and EC8D in over 40,000 polling units shown in the Statisticians Report relied upon by the Petitioners.

The Petitioners shall further contend that the mandatory requirements of the Electoral Act, INEC Regulations and INEC Manual that stipulate for the recording of the quantity, serial numbers and other particulars of result sheets, ballot papers and other sensitive electoral materials to be used in conducting the Election were not complied with before and after the Election as the 1st Respondent and its officers failed to effect the required entries.

The Petitioners shall rely on the evidence of Statisticians, Forensic Examiners, and other Experts, detailing the data analysis of the votes at all levels of collations, from the polling units to the final return.

The Petitioners state that upon a proper collation and summation, the correct and proper scores of the candidates are as contained in the Statisticians Report pleaded by the Petitioners.

The Petitioners hereby plead and shall rely on the extract of data from the BVAS as contained in the 1st Respondent’s electronic collation system/storage device, the notice to produce of which is hereby given to the 1st Respondent.

• Source: https://sunnewsonline.com/presidential-election-why-tinubus-victory-must-be-nullify-atiku-pdp/