Six out of Nigeria’s 36 states have dragged the Federal Government before the Supreme Court over the conduct, collation and announcement of results of the February 25, 2023 presidential and National Assembly elections.

The Attorneys-General of Edo, Delta, Adamawa, Akwa-Ibom, Bayelsa and Sokoto States filed the suits on behalf of their state governments asking the apex court to declare that the process of the election did not comply with the Electoral Act and that the failure to electronically transmit results from polling units across the country violates multiple provisions of the electoral law.

The suit, which has the Attorney-General of the Federation as sole respondent, was brought pursuant to Sections 6 (6) (a), 14 (2) (b), 153 (1) (F) and 232 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended); Sections 25 (1), (2) and Sections 60 and 66 of The Electoral Act, 2022.

Predicating their case on the grounds that the collation of the national election results from the 36 states of the federation and the Federal Capital Territory were not carried out “in compliance with the mandatory provisions of relevant sections of the Electoral Act, 2022; the INEC Regulations and Guidelines for the Conduct of Elections, 2022, made pursuant to the provisions of the Electoral Act, 2022; and the INEC Manual for Election Officials, 2023”, the states want the apex court to declare as null and void the pronouncement of the candidate of the All Progressives Congress, Bola Ahmed Tinubu, as winner of the February 25 presidential election and president-elect based on that election.

The states, whose governors are members of the People’s Democratic Party (PDP) whose candidate, Atiku Abubakar, polled 6,984,520 votes in the said presidential election, are asking the Supreme Court to trash the result of the presidential election and declare it of no effect, a pronouncement that will effectively nullify the declaration of Tinubu as winner of the election by the Independent National Electoral Commission (INEC).

The suit is also seeking a holistic review of the entire process of the election with original result sheets signed at polling units.

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They are seeking “A declaration that the entire results of the Presidential Election conducted on the 25th of February, 2023 announced by the Chairman of INEC at the National Collation Centre, Abuja, in flagrant violation of the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the Presidential Election, were invalid, null and void, and of no effect whatsoever.

“A declaration that the fundamentally flawed electoral process through the non-uploading of the results of each of the 176,974 Polling Units nationwide, in respect of the presidential election and National Assembly Elections held on Saturday, 25th February 2023 was not in accordance with the provisions of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election

In addition, they are seeking “A declaration that the failure of the Federal Government of Nigeria, the Independent National Electoral Commission to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023 in collusion, violates the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election”.

The plaintiffs also brought an application praying to the apex court for an order directing a departure from the rules of the apex court in the interest of justice by directing for an accelerated hearing of the substantive suit.

Besides, plaintiffs also filed another application seeking an order for abridging time for parties to file and serve responses for and against the suit. No date has been fixed for the hearing.

The plaintiffs in the originating summons marked: SC/CV/354/2023 are specifically asking for an order of the apex court “directing a holistic review of all results so far announced by the Federal Government of Nigeria through the Independent National Electoral Commission (INEC) which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials”.