Those planning to launch legal offensive Asiwaju Ahmed Tinubu, who was announced as the President-elect on Wednesday by the Independent National Electoral Commission (INEC), should be ready for the bulwark from the team of the All Progressives Congress (APC), which has vowed to defend their mandate with everything possible.
This is coming against the backdrop of anticipation that Peter Obi of the Labour Party (LP) and Atiku Abubakar, that of the Peoples Democratic Party (PDP), could be going to court to challenge the outcome of the election, particularly the allegation that INEC breached parts of its own laws.
Sam Amadi, former Chairman of the National Electricity Regulatory Commission (NERC), was one of those who carpeted INEC flouting its own laws by not only failing to upload the results of the election from the polling booths, but not adhering to the provision requiring that a candidate who did not win 25 per cent in the Federal Capital Territory (FCT), would not be qualify to be declared the winner no matter the performance elsewhere.
“INEC failed despite some positive side of the election. In 2019, there was a debate around server. PDP alleged they were rigged out because their votes in the server were not captured. But the courts dismissed that and we fought for the Electoral Act.
“Now, the Electoral Act said in section 60 that you have to upload the results immediately. Clause 38 issued by INEC, makes it a crime for any electoral officer not to do so. So, what I cannot understand is why INEC which has test-run this – this is the main innovation in this Electoral Act. Why do we have this delay that has now shrouded this in all kinds of problems?
My worry, is that they have not improved since 2015. In 2015, we had elections in almost everywhere. In 2023, in my own local government in Ngor Okpala, in one polling units, two only had elections. The constitution did not intend that we should disenfranchise the citizens and then come to the collation centre and call the election for the person who won. The constitution intends, at least in its minimum requirement that everybody votes, who is entitled to vote.
“There are two things here, the gross failure of logistics. Were they programmed to fail or was it just circumstances? BVAS or no BVAS. BVAS didn’t fail. What failed were people who refused to trigger those processes. I can’t wrap my head around this. We’re talking about basic electoral issues like being there to ensure that people vote.”
Amadi, a lecturer at Base University Abuja, who made his views known on Monday as a guest of Arise TV, returned on Wednesday with a more damning verdict, saying that the inability of the commission to upload the results throughout the period of collation and announcement of the results, amounted to breaking its own laws.
Stressing that the commission had since been conferred with legislative muscle to make its own rules and judicial powers to sit and interpret how best to apply such rules and executive function of actually applying them, he said it was that once such rules had become public, the commission would be in breach by not following the process.
He argued that the proper thing to do in the instant case was for the commission, which had come out with the guidelines for voting and transmission of the results was to return to the Nigerian people with a new guideline if it discovered that it could no longer do so.
He also aligned himself to the argument that Abuja, being a special creation, with a special status as a mini-Nigeria, where all tribes were supposed to be represented, the provision of securing 25 per cent victory for a presidential candidate was mandatory, as the framers of the Nigerian constitution, desired it to achieve that purpose.
But Babatunde Ogala (SAN), the National Collation agent, who represented the APC at the National Collation Centre (NCC), where all the election results were gathered, said that while the party was extending its hands of fellowship to all the candidates and their opponents in Saturday’s presidential election, it would guide the mandate given to party jealously and would be ready to meet anybody in court for that purpose.
Ogala, who is a former National Legal Adviser of the APC, who spoke shortly after the APC candidate Asiwaju Bola Ahmed Tinubu was declared winner, while defending the outcome of the election, said Tinubu was well prepared for the job of the President with a well cut out manifesto of renewed hope.
Assuring Nigerians that he would hit the ground running from day one, Ogala, who commended Nigerians for making the right choice said: “The job has started, he is going to hit the ground running. Nigerians has just made the best decision for this country at this time. They have elected a unifier, a strategist,a mentor of men, an astute administrator.
“He is experienced and you have seen his manifesto of renewed hope which is well laid out. It is tye best for this country at this time. From r our opponents, what we can simply say is that they are all winners in this process.
“For Alhaji Atiku Abubakar and the PDP, Peter Obi of the Labour Party and all those who participated, we are all joint winners. We are joint owners and enjoined them to come on board and join Asiwaju Bola Ahmed Tinubu to move this country forward.”