The presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, has asked the Election Tribunal to nullify the February 25, 2023, presidential election which produced the President-elect, Asiwaju Bola Tinubu.
Atiku prayed the tribunal to declare him the winner of the just concluded presidential election or order a rerun between him and Tinubu.
The former Vice President’s prayer is conveyed via the petition filed for him and the PDP at the tribunal on Tuesday night by their team of lawyers led by Joe Gadzama, SAN.
Respondents in the petition marked CA/PEPC/05/2023 are the Independent National Electoral Commission (INEC), Tinubu, and his party, the All Progressives Congress (APC).
Atiku and PDP prayed that the “election of the 2nd respondent (Tinubu) is invalid by reason of noncompliance with the provisions of the Electoral Act, 2022.
“The election of the 2nd respondent Is invalid by reason of corrupt practices.
“The 2nd respondent was not duly elected by majority of lawful votes cast at the election.
“The 2nd respondent was, at the time of the election, not qualified to contest the election.”
The petitioners also prayed the court, “That it may be determined that the 2nd respondent was not duly elected by the majority of lawful votes cast in the election and therefore the declaration and return of the 2nd respondent by the 1st respondent as the winner of the presidential election conducted on the 25th day of February 2023 is unlawful, wrongful, unconstitutional, undue, null and void and of no effect whatsoever.
“That it may be determined that the return of the 2nd respondent by the 1st respondent was wrongful, unlawful, undue, null, and void having not satisfied the requirements of the Electoral Act 2022 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which mandatorily requires the 2nd Respondent to score not less than one quarter (25 percent) of the lawful 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.
“That it may be determined that the 2nd respondent was, at the time of the election, not qualified to contest the said election.
“That it may be determined that the 1st petitioner having scored the majority of lawful votes cast at the Presidential election of Saturday, 25th February 2023, be returned as the winner of the said election and be sworn in as the duly elected President of the Federal Republic of Nigeria.”
Atiku and PDP equally sought an order “directing the 1st respondent to conduct a second election (run-off) between the 1st petitioner and the 2nd respondent.
“That the election to the office of the President of Nigeria held on 25th February 2023 be nullified and a fresh election (re-run) ordered.”
Recall that INEC declared Tinubu of the APC as the winner of the February 25 presidential poll. Tinubu polled 8,794,726 votes to defeat Atiku, who came second with 6,984,520 votes, while Peter Obi of the Labour Party (LP) garnered 6,101,533 votes to occupy the third position.