Will Tinubu remain in power if court orders a rerun? Here’s what the law says
Six months after Nigeria’s seventh presidential election since 1999 which is regarded by many as one of the most contentious in the nation’s history, the dispute arising from the election remains unresolved.
The presidential election took place on February 25, 2023, and it was a three-horse race among Bola Tinubu, a political influencer whose sway extends predominantly throughout the entire Southwest; Atiku Abubakar, a former vice president whose aspiration to govern Africa’s largest economy has been thwarted despite six attempts at the presidency; and Peter Obi, a former governor of Anambra from the Southeast geopolitical zone. Obi garnered significant support, especially from the youth, when he departed from the Peoples’ Democratic Party (PDP) and announced his candidacy under the relatively obscure Labour Party.
Even 175 days after the Independent National Electoral Commission (INEC) declared Bola Tinubu as the winner of the election on March 1, 2023, his legitimacy is being challenged by the two major candidates, Peter Obi and Atiku, both of whom have taken the matter to court seeking redress.
The Election Tribunal, which has until September 17, 2023 (If Saturdays and Sundays are to be included), to make a ruling, has garnered as much national attention as the election itself. Peter Obi and his supporters claim that Tinubu not only didn’t win the election but also failed to secure 25 percent of the total votes cast in Abuja. They are also seeking court intervention to disqualify him on drug-related charges. On the other hand, Atiku alleges, among other things, that Tinubu perjured himself by not disclosing his citizenship of Guinea.
While no presidential election has been overturned in Nigeria’s history, many believe Tinubu may not escape all the allegations put forth in both Peter and Atiku’s petitions.
The Process of Ruling on the Election:
Kolawole Babatunde, a legal practitioner, told Neusroom that “after elections have been conducted and results announced, only the court can determine the legality or illegality of the said election.”
“Section 136 of the Electoral Act extensively deals with the court’s authority concerning election results,” he said.
Section 136 (1) stipulates that “if the Tribunal or the Court, as the case may be, determines that a candidate who was declared elected was not validly elected on any grounds, the Tribunal or Court shall void the election and order the Commission to conduct a fresh election within 90 days after the—
(a) decision if no appeal is filed against the decision; or
(b) nullification of the election by the court with final appellate jurisdiction regarding the said election.”
In Nigeria, the presidential election dispute goes through two stages: The Tribunal and the Supreme Court.
It is expected that regardless of the Tribunal’s outcome, the case will proceed to the Supreme Court where the verdict will be deemed final.
According to the Electoral Act, if the election tribunal annuls the February presidential election, Tinubu will remain in office if he appeals to the Supreme Court within 21 days of the tribunal’s ruling.
“If the tribunal orders a rerun, the president has the right to appeal to the Supreme Court. If the Supreme Court concurs with the tribunal, then the president will vacate the position, and INEC shall organise a rerun within 90 days,” Babatunde clarified.
While Tinubu will retain his position and enjoy all the associated benefits, the Supreme Court is expected to deliver its ultimate judgment “within 60 days from the date of delivering the tribunal’s judgment.”
