The outcome of the recently concluded presidential election has again triggered litigation and has pitched the Peoples Democratic Party (PDP) and the ruling All Progressives Congress (APC) against each other. This again clearly shows a trend that has, since Nigeria returned to democratic governance, characterised its politics since the Second Republic era. KEHINDE OSASONA, in this report, seeks to know if this has come to stay especially after every presidential poll.
Background
Justifying the victory of the late Alhaji Shehu Shagari of the National Party of Nigeria (NPN) against his main challenger, Chief Obafemi Awolowo of the Unity Party of Nigeria (UPN) in 1979, the electoral umpire, FEDECO, had on August 16, 1979, declared Shagari elected on the ground that the votes cast in his favour satisfied the provisions of Section 34 A (1)(c)(i) and (ii) of the Electoral Decree 1977 (No. 73) as amended.
According to the results announced Shehu Shagari scored 5, 688, 857 votes nation-wide whilst Obafemi Awolowo had 4, 916, 651 votes.
While the announcement lasted, Awolowo did not dispute the figures but rather contended that Shagari’s scores were insufficient because the law required that a returned candidate must fulfil two conditions simultaneously; namely to have the highest number of votes, which Shagari had, but also have “…Not less than one quarter of the votes cast at the election in each of at least two thirds of all the 19 states within the federation.” which Shagari did not have, according to Awolowo.
On those agreed facts, Awolowo prayed the Supreme Court to declare as follows: that although Shagari received 5,688,857 nationwide at the said election, Shagari still had less than 25% of the votes cast at the election in each of at least two thirds of all 19 states in the federation, and, the Election Tribunal was wrong to declare, based on the result in Kano state.
A poser
“We will not allow democracy to be emasculated. I hope and pray Nigerians will someday summon the courage to defend democracy. That is the only way we can move away from being the world headquarters for extreme poverty.”
Those were the words of Atiku Abubakar, the candidate of the PDP, who lost to the incumbent President Muhammadu Buhari after a keenly contested presidential election held on February 23.
Buhari was eventually declared re-elected president by the Independent National Electoral Commission (INEC) having polled 15,191,847 votes, winning in 19 states, to defeat other 72 candidates including Atiku Abubakar, who scored 11, 255,978 votes and won 17 states and the FCT, to occupy the second position.
Polls outcome rejection
While rejecting the outcome of the 2019 presidential poll, the PDP argued that it would have been statistical impossible for states ravaged by war and terror to generate much higher voter turnouts than peaceful states.
Atiku himself was quoted as having said: “In my democratic struggles for the past three decades, I have never seen our democracy so debased as it was on Saturday, February 23. Year 2007 was a challenge, but President Yar’Adua was remorseful. In 2019, it is sad to see those who trampled on democracy thumping their noses down on the Nigerian people.
“Consequently, I hereby reject the result of the February 23, 2019 sham election and will be challenging it in court. If I had lost in a free and fair election, I would have called the victor within seconds of my being aware of his victory to offer not just my congratulations, but my services to help unite Nigeria by being a bridge between the North and the South.”
He further said: “I am a democrat and there are democratic avenues available to present the truth to the nation and the watching world. Already, many international observers have given their verdicts, which corroborate our observations. “I am sure more will come in the coming hours and days.”
Atiku who likened the militarisation of the electoral process to the jackboot era of military dictatorship made particular reference to states like Rivers, Adamawa, Akwa Ibom and Imo where troops were allegedly deployed to harass the citizens.
“The suppressed votes in my strongholds are so apparent and amateurish, that I am ashamed as a Nigerian that such could be allowed to happen. How can total votes in Akwa Ibom, for instance, be 50 per cent less than what they were in 2015?
“Another glaring anomaly is the disruption of voting in strongholds of the PDP in Lagos, Akwa Ibom, Rivers and diverse other states, with the authorities doing little or nothing and in some cases facilitating these unfortunate situations.”
APC’s take
Basking in the euphoria of its hard-earned victory, the national chairman of the All Progressives Congress (APC), Comrade Adams Oshiomhole, said by extending his hand of fellowship to everyone and congratulating those who contested with him, President Buhari had proved that he is a statesman who shows humility even in victory.
“And I think for those analysts who have been active since 1999, this is easily the most keenly contested election.
“My joy is that first, in the campaign, given the security issues in Nigeria, there was no incident of terrorist attack except the last day or so; maybe in Yobe or somewhere, I say to God be the glory,” Oshiomhole said.
Speaking further, he said: “The second is that people who have predicted that Nigerians are going to fight; they are going to war and is like we were preparing for Second World War; I am sure again they have been put to shame.
“I know that Nigerians believe in their country; we appreciate our friends but those friends will never accept us as citizens of their country; the only country where you cannot be deported.
“The only country you don’t need visa to stay no matter what you do or who you are is Nigeria; it is the only one we can truly call our own; even for those who have multiple passports, the only one the only country they can truly call their own is Nigeria.’’
‘Litigation will deepen democracy, electoral process’
Meanwhile, a Civil Society Organisation (CSO), Project-2019 (P2019), has applauded Atiku decision to challenge the election in court, saying it will improve the electoral process and deepen Nigeria’s democracy.
Convener of the group and constitutional lawyer Wale Ogunade hailed Atiku’s decision to seek legal action, saying it is a necessary step capable of bringing about legal skills that would transform the legal system for good of the country.
He said: “To me, it is good that Atiku is going to court because it will enhance our judicial system, add more to our jurisprudence and deepen our democracy.
“Buhari went to court about three times after he lost to PDP in previous elections. And as lawyers, we use some of those issues raised during the trial in court. We cite Buhari’s case against Obasanjo, Buhari against Yar’Adua and Buhari against Jonathan. And issues on jurisdiction, compliance to electoral law or time of filing or conduct of the election itself, were raised and addressed.
“All these issues have helped to enrich our judicial system because lawyers depend on these precedents or former cases to build up their case in court.”
Will it be exercise in futility?
Arguing further, Ogunade said the nation’s democracy would be deepened and positive lessons would be learnt if Atiku takes the legal action.
“Such case will strengthen the nation’s democracy as it will be seen as a better option to act civil by going to court rather than take to violence or destabilize the polity.
“It will also be a training ground or reference point for other politicians or intending democrats to say let’s stick to the rule of law as obtained during Atiku versus Buhari case.”
Analysts’ angle
Commenting on the polls outcome, an analyst cum legal practitioner, Ibrahim Abass, described Atiku’s action as constitutional, saying like in advance democracies such action would further strengthen Nigeria’s democracy.
“It is an issue of law or have you forgotten Rotimi Amaechi? It was the court that gave him his mandate. So, it is a welcome development.”
