ABUJA, March 5 — Opposition parties in Nigeria are planning to challenge the outcome of the country’s presidential election in court, seeking to overturn the victory of Bola Tinubu, the candidate of the ruling party who was declared the winner with 37% of the vote. Peter Obi and Atiku Abubakar, the second and third-placed candidates who got 25% and 29% of the vote, respectively, allege that the election was flawed and that they were robbed of victory. However, they face a tough deadline, as all election petitions in Nigeria must be filed within 21 days of the result announcement, which means they must submit their petitions to the appeals court tribunal in the capital, Abuja, by 31 March.
While the opposition candidates have not disclosed their evidence or specific grievances, it is likely that their cases will hinge on the electronic transmission of results from the polling units, as provided for by the guidelines of the Independent National Electoral Commission (INEC). However, there have been reports of irregularities and malpractices in some areas, with opposition parties accusing INEC staff of colluding with the ruling party and security officials to manipulate results at the ward collation centres. Digital sleuths have been comparing results posted on the INEC website with hard copies they took at their polling centres and claiming there are discrepancies. The Labour Party has created a digital platform for its young supporters to document such irregularities by posting results from their polling units for comparison.
It is important to note that the tribunal’s decision is not final and can be appealed to the Supreme Court, which would take an additional 60 days. Therefore, even if the opposition parties win at the tribunal, it is unlikely to affect the inauguration of the president-elect, which is scheduled for 29 May. Moreover, the law only allows for nullification of an election if there is substantial non-compliance with the electoral law that affects the result, as Senior Nigerian lawyer Yemi Candide Johnson has pointed out.
The election challenge faces logistical and legal challenges, as collecting and presenting evidence from the over 176,000 polling units and 8,000 collation centres would be a daunting task. However, if the opposition parties succeed in proving their case, it would be a landmark achievement in Nigeria’s democratic history and set a precedent for future elections. – BBC
