The PDP states says through their lawyer that the legal challenge of Tinubu’s victory will now shift to the election petition court.
Seven state governments under the control of the Peoples Democratic Party (PDP) governors have discontinued their suit seeking a review of the results of 25 February election by the Supreme Court.
The state governments – Adamawa, Akwa Ibom, Bayelsa, Delta, Edo, Taraba and Sokoto – had sued the federal government at the Supreme Court over the 2023 presidential and National Assembly election.
The attorneys-general of the states had filed the suit asking the Supreme Court to intervene in the just concluded general elections. They based their claims on a potential breakdown of public order and civil disobedience.
Their suit challenged the declaration of Bola Tinubu, the presidential candidate of the All Progressives Congress (APC), as president-elect.
But Mike Ozekhome, a Senior Advocate of Nigeria, who filed the suit on behalf of the seven states, filed for discontinuance of the case on Friday.
In a text message he shared with PREMIUM TIMES, Mr Ozekhome explained that the suit was filed “during the flawed manual collation of results contrary to the clear provisions of the Electoral Act, the INEC Guidelines and Regulations and the manual for INEC officials”.
He said the suit had to be discontinued “due to the fact that the flawed results have already been announced and a President-elect declared, albeit illegally and unconstitutionally.”
He said, with the declaration, the case had been overtaken by events and it “will now be a (election petition) tribunal matter”.
“Take notice that the plaintiffs doth hereby wholly discontinue this suit against the defendant herein,” the notice of discontinuance sent to PREMIUM TIMES on Friday night read.
PREMIUM TIMES reported how both Atiku and Peter Obi commenced their legal challenge of the outcome of the election on Friday.
The Court of Appeal in Abuja on Friday granted the two opposition candidates access to inspect electoral records of the election.
The Independent National Electoral Commission (INEC) had declared Mr Tinubu as the winner of Nigeria’s presidential election.
Mr Tinubu who was a presidential candidate of the All Progressives Congress (APC), defeated Atiku of the PDP and Mr Obi of Labour Party in the 25 February presidential election.
But Atiku and Mr Obi are contesting the outcome of the presidential poll. They accuse INEC of failure to upload the election results in real-time from polling units to its portal.
Suit
In their discontinued case filed at the Supreme Court, the PDP states – Adamawa, Akwa-Ibom, Bayelsa, Delta, Edo, Taraba and Sokoto – states sued the federal government at the Supreme Court, questioning INEC chairman, Mahmood Yakubu’s declaration of Mr Tinubu as president-elect.
The plaintiffs named the Attorney-General of the Federation (AGF) as defendant on behalf of the federal government.
They urged the Supreme Court to declare that the presidential poll breached provisions of the Electoral Act and the constitution.
PREMIUM TIMES
