Bola Tinubu’s Victory: Top Nigerian lawyer speaks on way forward for Peter Obi, Atiku

On Wednesday, March 1st, the Independent National Electoral Commission (INEC) declared Bola Tinubu, All Progressives Congress flagbearer, as the winner of the February 25 presidential election.

The election was contested keenly by Rabiu Kwankwaso of the New Nigeria Peoples Party, (NNPP), Atiku Abubakar of the Peoples Democratic Party (PDP) and Peter Obi of the Labour Party (LP) and Asiwaju Bola Ahmed Tinubu of the (APC).

But Tinubu defeated 17 other candidates who took part in the election. He scored a total of 8,794,726 votes, the highest of all the candidates, thus meeting the first constitutional requirement to be declared the winner.

Interestingly, Atiku and Peter Obi affirmed that Tinubu is not the real winner of the election and not the President-elect while noting their mandate was stolen.

They have, however, vowed to challenge Tinubu's election victory while maintaining they would retrieve the people's mandate.

Reacting to the development, a member of the National Executive Council of Nigeria Bar Association (NBA), who doubles as the NBA secretary, Bukuru branch in Plateau state, Barrister A.D. Rotimi George Esq., in a chat with Legit.ng on Saturday, April 1st, 2023, revealed what president-elect Bola Tinubu might likely face at the presidential election Tribunal.

He said: "In every election, there are bound to be winners and losers. The 2023 general elections; particularly with respect to the presidential poll cannot be an exception. "Primarily; the election was contested and duly fought for by the trio of Peter Obi of Labour Party (LP); Atiku Abubakar of (PDP) and Bola Ahmed Tinubu of (APC). INEC; the electoral umpire, declared Bola Ahmed Tinubu as the winner.

"Let’s not forget that the election itself was reported to have been marred with patent irregularities; fraud and voter suppression in notable parts of the country. There have also been indices which point to the fact that INEC did not follow its guidelines in the conduct of the said election. For example; INEC in some cases relied on hand-made results rather than complying with using results from the IREV thus appearing to render the whole electoral exercise a nullity.

Others are of the opinion that INEC has not in any way justified the over 300 billion naira allocated to it for the conduct of the election as the 2023 presidential elections have been adjudged to be the worse in the history of our nascent democracy.

"There’s also a legal perspective to the provisions of sections 133 and 134 of the constitution as it relates to whether Bola Ahmed Tinubu should have been declared the winner of the election; having failed to score the total majority of votes cast in the Federally Capital Territory, Abuja; bearing in mind that the provision of section 134 (1) and its accompanying sections provides that:

“A candidate for an election to the office of the president shall be deemed to have been duly elected, where, being only two candidates for the election he:

a) has the majority of votes cast at the election and;

b)he has not less than one-quarter of the 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;

c) A candidate for an election to the office of the president shall be deemed to have been duly elected where, being more than 2 candidates for the election, he has the highest number of votes cast at the election and he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of the states in the federation And the capital territory.

"These provisions use the conjunction AND meaning it is mandatory and compulsory and not discretionary or excusable. These, amongst others are the likely issues to be faced at the Presidential Election Tribunal.

"Another challenge would be how Bola Tinubu president-Elect can effectively protect his legitimacy to the exalted office in the land, considering the circumstances of his victory."

Way forward for Atiku, Peter Obi

Speaking further on the development, Barrister Rotimi urged the aggrieved presidential hopefuls to reconsider their move in challenging Tinubu's victory, be patient and allow the judiciary to perform its role.

The lawyer, however, maintained that the judiciary is equal to the task as he noted that the whole world is watching them keenly. The legal practitioner added thus:

"You would recall that shortly after the election and announcement of the winner; Peter Obi of the Labour Party made a press conference and indicated his desire to approach the judiciary to ventilate his grievances and dissatisfaction with the conduct of the said election. He has filed a petition before the tribunal.

That’s the right thing to do. The burden of proving his case lies on him. Since the matter is already subjudice, I shall resist the urge of commenting further. Other aggrieved presidential aspirants should follow his steps.

"The judiciary is equal to the task of dispute adjudication. The world is also watching them keenly. I urge all aggrieved Nigerians to sheathe their sword and await judicial pronouncements on this matter.

Violence has solved nothing. "By way of comment in passing; action tilted towards causing mayhem in the country before May 29 should be shunned and avoided as it will benefit no one at the long run."