The Presidential Candidates of the People’s Democratic Party (PDP) Alhaji Atiku Abubakar and Labour Party (LP) Mr. Peter Obi have in separate cases filed a petition challenging the victory of Senator Bola Ahmed Tinubu of the All Progressives Congress (APC) 

According to the Independent National Electoral Commission, INEC Senator Bola Ahmed Tinubu polled 8, 794, 726 to defeat his closest rival Alhaji Atiku Abubakar who scored 6,984,520 votes. Mr. Peter Obi the candidate of the Labour Party came third with 6,101, 533 votes. 

Atiku Abubakar’s Case

The PDP Presidential candidate Alhaji Atiku Abubakar in his petition is making the following cases to challenge the victory of the APC candidate. 

• The election of Senator Bola Ahmed Tinubu was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022
• The election of the second respondent was invalid by reason of corrupt practices. 
• Senator Bola Ahmed Tinubu was not duly elected by majority of lawful votes cast at the election and was at the time of the poll not qualified to contest the election.

The Atiku Abubakar’s legal team led by Joe Gadzama, SAN stated as thus:

“It is also the claim of the petitioners that the non-compliance with the electronic transmission of accreditation data and results in the presidential election was ‘to create opportunity for manipulation of figures to the advantage of the 2nd and 3rd Respondents”.

According to the team “It is the case of the petitioners that the bypass and non-use of the BVAS machines in the transmission of the accreditation data and polling unit results of the election fundamentally and substantially affected the integrity of the results announced by the 1st Respondent for the 2nd and 3rd Respondents and thoroughly discredited the process of the election.”

Atiku Abubakar urged the tribunal to declare him winner of the polls or cancel the 2023 Presidential elections.

Peter Obi’s Case 

The LP Presidential candidate Mr. Peter Obi in his petition is making the following cases to challenge the victory of the APC candidate. 

• That it be determined that all the votes recorded for the Senator Bola Tinubu in the elections are wasted votes, owing to the non- qualification/ disqualification of both Senator Bola Tinubu and his Vice-President elect Senator Kashim Shettima.
• That it be determined that on the basis of the remaining votes after discountenancing the votes credited to the Senator Bola Tinubu and Senator Kashim Shettima, the 1st petitioner Mr. Peter Obi scored a majority of the lawful votes cast at the election and had not less than 25% in each of at least 2/3 of the States of the Federation and the Federal capital Territory, Abuja. By this he satisfied the constitutional requirements to be declared the winner of February 25, 2023 Presidential Election.
• That it be determined that Senator Bola Tinubu respondent having failed to score one quarter of the votes cast at the presidential election in the Federal Capital Territory, Abuja was not entitled to be declared and returned as the winner of the presidential election held on Saturday February 25, 2023.

Mr. Peter Obi through his legal team led by his lead counsel Mr. Livy Uzoukwu urged the court to either declare him the President-elect or nullify the election and order for a fresh election.