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End Of Road For Atiku, Obi, As S’Court Affirms Tinubu’s Election …Dismisses PDP, LP’s Appeals

The Supreme Court yesterday affirmed President Bola Tinubu of the All Progressives Congress (APC) as the valid winner of the presidential election that held in the country on February 25, 2023.
The apex court, in a unanimous decision by a seven-member panel of Justices, held that there was no merit in the petition that a former Vice President and candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, filed to nullify the outcome of the election.
The seven Justices also unanimously dismissed the appeal filed by the presidential candidate of the Labour Party, Peter Obi, for lack of merit.
The seven-member panel led by its chairman, Justice John Inyang Okoro, include Justices Uwani Aji, Mohammed Garba, Ibrahim Saulawa, Adamu Jauro, Abubakar Tijjani and Emmanuel Agim.
In its lead judgment that was prepared and read by Justice Okoro, the Supreme Court held that Atiku did not prove that the Independent National Electoral Commission (INEC), did not substantially comply with provisions of the Electoral Act, in the conduct of the election.
The apex court held that section 185(1) of the Evidence Act provided that an election should not be liable to be invalidated, when alleged non compliance did not substantially affect the outcome of an election.
It held that evidence contained in the record of the appeal showed that the Appellants abandoned the duty imposed on them by the law to not only prove the alleged non compliance, but to establish that the failure of INEC to transmit results of the election through its Result Viewing Portal (IReV) influenced the outcome of the presidential poll.
The Supreme Court said it had in past judgements, made it clear that there was a difference between election result collation system and the IReV portal.
It, therefore, ruled that the failure of the INEC to transmit the election results on the IReV Portal did not affect the outcome of the election.
“Where the IReV portal fails, it does not stop the collation which up till the last election was manually done,” the court held.
It further held that the unavailability of results on INEC’s IReV portal “for whatever reason, could not be the reason for an election to be nullified”.
Okoro said, “When IReV fails, it does not stop the collation of the results. It deprives people of viewing results. The non-function will affect the trust of the electorates in the election.
“Unavailability of IReV cannot be a ground for the election to be nullified.
“The failure did not affect the outcome of the election. The issue is resolved against the appellants.”
Nevertheless, it stressed that INEC’s failure to electronically transmit results of the election denied the electorates the opportunity to follow and cross-check results that were eventually uploaded.
“Truth must be told, the non transmission of results to the IReV portal may also reduce the confidence of the voting population in the electoral process,” the Supreme Court warned.
The apex court also described as misconceived and misplaced, Atiku’s contention that Tinubu ought not have been declared winner of the presidential election, having failed to secure 25% votes in the Federal Capital Territory, FCT, Abuja.
The apex court affirmed the position of the PEPC that the FCT does not have a status that is more special than that of the 36 States of the federation.
According to Justice Okoro, scoring 25% votes in the FCT, Abuja is not mandatory and cannot stop INEC from declaring a presidential candidate who scored the highest number of votes and 25 percent in two-thirds of the States, the winner of the election.
The presiding Justice asked, “Are you saying if someone scores 25% votes in 30 states but not in Abuja, he should not be president? Is that how you interpret the law?
“That is not the law. Supreme Court agrees with the Court of Appeal,” he added.
The apex court also supported the judgment of the tribunal for striking out witnesses of Atiku Abubakar’s testimonies on manipulation in the election, adding that most of the witnesses gave “inadmissible hearsay” evidence
Describing Atiku’s witnesses’ testimonies as “hearsay”, Okoro said, “A political party can’t appoint an octopus agent who will be at every polling unit on election day.
“Atiku’s agents can only testify in their polling units where they witnessed what they saw, but not across the country where they were not present.
“I adopt the decision of the lower court which is in line with a plethora of precedents. The witnesses’ testimonies were hearsay.
“The finding of the lower court in discountenancing the Atiku’s witnesses cannot be faulted.”
He added that “The Appellants did not present any evidence to warrant the interference of the findings of the lower court”.
On the issue that President Tinubu was involved in a drug related case in the USA that led to the forfeiture of $460, 000, the Supreme Court held that Tinubu raised the issue when the Respondents had already filed their process.
It held that the action denied the Respondents the right to fair hearing.
“The ruling of the lower court is unassailable and this court will not interfere,” it held.
The apex court also dismissed the the certificate forgery allegation pleaded against Tinubu by Atiku, saying the court cannot entertain fresh evidence that was not pleaded or presented at the Court of Appeal.
It also held that Atiku and PDP did not prove that they suffered any miscarriage of justice as a result of the dismissal of their petition by the Presidential Election Petition Court (PEPC).
The court held that whereas Atiku alleged that the result that was declared by INEC was not accurate, he, however, failed to put forward their perceived rightful result.
It held that the result announced by INEC was presumed as correct in the absence of “any rival or alternative result.”
“The figure before us shows that the 2nd Respondent won the highest number of votes and was duly declared winner.”
Consequently, the court, resolved all the issues that Atiku raised in his petition, against him.
“On the whole, having resolved all the issues against the Appellants, it is my view that there is no merit in this appeal and it is hereby dismissed.
“Judgement of the lower court delivered on September 6 is hereby affirmed. I shall make no order as to cost,” the Supreme Court held.
The Supreme Court also dismissed as lacking in merit, the appeal the candidate of the Labour Party, Mr. Peter Obi, filed to nullify President Bola Tinubu’s election.
Also in a unanimous decision by a seven-member panel of Justices, the apex court held that Obi’s appeal deserved to be dismissed.
In the lead judgement that was delivered by Justice Okoro, the court held that the issues Obi raised in his case were already decided in a separate appeal that was filed by the PDP candidate, Atiku.
Justice Okoro noted that the only distinct issue that Obi raised in his appeal, was the issue that the Vice President, Kashim Shettima, had double nominations from the APC.
The court held that it had earlier decided the issue on May 26, in an appeal marked: SC/CV/501/2023.
“This court cannot allow the matter to be relitigated in this court. There must be an end to litigation. This matter ought not to have come here.
“The appeal lacks merit and it is accordingly dismissed,” the apex court held.
It will be recalled that INEC had on March 1, announced that Tinubu of the ruling All Progressives Congress, APC, won the presidential contest, ahead of 17 other candidates that participated in the poll.
It declared that he garnered a total of 8,794,726 votes to defeat his two major rivals, Alhaji Atiku Abubakar of the PDP, who came second with a total of 6,984,520 votes, and Mr. Peter Obi of the Labour Party, who came third with a total of 6,101,533 votes.
By: Boye Salau
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We’ll Comply With Supreme Court Judgement, Fubara Assures …As CJ Inaugurates Judges’ Quarters

Rivers State Governor, Sir Siminalayi Fubara, has assured that his administration will implement, to its fullest, the recent judgment of the Supreme Court of Nigeria on the political crisis in the State.
The Governor maintained that what is important, in all of the happenings that had been witnessed, has been the protection of the interest of Rivers State because it must be above whatever personal interest that anybody could hold and canvass.
Governor Fubara gave the assurance during the inauguration of the new Judges’ Quarters, a housing facility completed by his administration for Judges indigenous to Rivers State by birth or marriage, at Old GRA, in Port Harcourt City Local Government Area, yesterday.
The Governor explained: “It has not been an easy 16 months, but what is important is the interest of our State, which must be above our personal interest. I want to say it here, very loud and clear to everyone, the Supreme Court has given a judgment, my administration is going to implement the judgment to its fullest. The reason is clear: It is not about me, it is about the good of this State.”
Governor Fubara alluded to the quantum of loss, in terms of money expended, in prosecuting the political crisis, on both sides, which has gone to waste, regrettably.
Such financial resources and other efforts, he said, would be more profitable, if they were synergised, and channeled to courses that promoted the genuine well-being and good of the State, adding that something more assuring would have been showcased.
Governor Fubara stated: “Thank God where we are today, I can assure you publicly that, any day, any time, I have not gone back on that my statement: that nothing (no price) is too big to pay for peace in this State, because at the end of the day, it is about our people. It is not about me, I will leave office but the good work that I have done will speak for me and will defend my generation.”
Commenting on the project, Governor Fubara emphasised that it further shows that his administration takes the issue of welfare, particularly of judicial officers, seriously, explaining that his administration inherited the project and with reports from the Ministry of Justice and some concerns from the Judiciary, it became imperative to continue with it.
He said, “We give glory to God that today, we have completed this project, and we are willing and ready to hand it over to the lucky judges who are going to live here so that they can perform their duties effectively.”
Governor Fubara pointed to the need for proper maintenance of the housing facility and the entire premises so that it can offer required satisfaction, maximally, and assured the Executive’s readiness to provide support in that regard.
Performing the inauguration, Chief Judge of Rivers State, Justice Simeon Amadi, recalled how he laid the foundation stone of the project, which was initiated by the immediate past administration on May 22, 2023, and thanked Governor Fubara for continuing and completing the project, which now represents another milestone and great accomplishment for the Rivers State Judiciary.
He added, “We are pleased with this landmark achievement, which represents the continuation of the policy of providing befitting residential accommodation for judges of Rivers State on owner-occupier basis or monetary ground in lieu there-off. This is backed by the Rivers State Housing Scheme for Judicial Officers Law No. 10 of 2021 passed by the Rivers State House of Assembly, and signed into law by the immediate past Governor of Rivers State.
“The Rivers State Government, in the past years, has been in the fore-front in ensuring that judges are quartered while in service, and in recent years, has gone further to allocate official quarters to judges on the basis of owner-occupier or monetary ground of a fixed sum in lieu there-off.
“The policy of providing official accommodation for judges on owner-occupier basis or monetary ground in lieu there-off has reduced greatly the pressure on judicial officers who hitherto struggle to build retirement home while in service with limited resources. Such pressure and desire to own retirement home in time past was a major concern and have its own impact on job performance”, he added.
In her address, the Solicitor-General and Permanent Secretary, Rivers State Ministry of Justice, Mrs Ibiwari Clapton-Ogolo, explained that the Rivers State Housing Scheme for Judicial Officers, Law No. 10 of 2021 established a housing scheme for judicial officers who must be indigenes of Rivers State either by birth or marriage.
Mrs Clapton-Ogolo said: “The scheme provides for ownership of a decent accommodation in the state by every judicial officer who is an indigene of Rivers State or married to an indigene of Rivers State or monetization of the accommodation, subject to the approval of the government.
“In accordance with the above law, today, the Honourable Chief Judge of Rivers State will commission seven duplexes of five bedrooms, which are exquisitely furnished. Our judges deserve nothing less. I pray that these duplexes will not just be a living houses for our judges, but homes where our judges will find peace and rest as they discharge their duties, as judges, to God and to men,” she added.
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Fubara Assures Residents Of Adequate Response To Fire Outbreaks In PH …Commissions Rebranded Borokiri Fire Service Station, Vehicles

Rivers State Governor, Sir Siminalayi Fubara, has said that the Borokiri Fire Service Sub-Station in the Old Port Harcourt Township will serve as a local-level fire disaster management resource centre to provide quick response to emergencies and ensure protection of lives, property, and the environment from fire disasters.
Governor Fubara gave the assurance while inaugurating the Rivers State Fire Service, Borokiri Sub-Station in the Old Port Harcourt Township in Port Harcourt City Local Government Area, last Thursday.
The Governor stated that fire service stations are essential components of critical services that must be provided by any government for its people as proof of commitment to their safety.
Governor Fubara maintained that the inauguaration of the station, therefore, aligns with what government must do without fun-fare because discharging statutory responsibility to the citizenry is not anything to advertise.
He said: “The purpose of government is to provide services. The purpose of government is to protect lives and property. So, while we are doing those things that we are elected for, and we now start showcasing it, sometimes, it doesn’t make any sense. But, that is what the business has really turned into, which is, whatever you are doing now, you have to showcase so that they will know that you are really working.”
Governor Fubara also said: “Some persons will commission borehole, some will commission all sorts of things, and they do adverts for it. But for us, we have chosen to showcase to the world vital and most needed items of service as a government. What we are showcasing here today is one of the essentials of governance. Fire service station is a very important component in every system.”
Governor Fubara explained that some days ago, he unveiled the modernised and remodelled Headquarters of the Rivers State Fire Service to signal the restorable of stable and regular response to fire disasters across the State.
He said, three days after, he has returned to show to the world a similar word of revitalisation that has been achieved on the Borokiri Sub-Station that will end years of absence of such services available to the residents in that part of the township.
Governor Fubara stated: “Borokiri is a section of the Town, one of the densely populated areas of Port Harcourt City. The essence of rehabilitating this Fire Service Station is to cater to the huge population that is living here.
“We had cases of fire outbreak, from time to time, and we have never adequately responded to them. I strongly believe that after this minute, whatever that would happen, provided it is within the power and jurisdiction of this station, it would be combated adequately.”
Governor Fubara expressed delight over what has been achieved and made available to the people, who are also grateful, and appreciated it with gratitude, exemplified with the joy and excitement on their faces, stressing that this is the reason why his administration will remain resolute, and continue to work to better the lives of all residents in the State.
Performing the inauguaration, former Minister of Transport, Dr Abiye Sekibo, said the project reflects purposeful leadership that has prioritised the wellbeing of the people because they will get assistance to tackling fire incidences when it occurs.
He pointed to the massive rehabilitation work that has been achieved on the long abandoned fire station, which now offers the assurance of more jobs created to engage willing youths to work, adding: “Your Excellency, I was Secretary to the Government in this State, this fire station existed then. I must confess that what I am seeing today is a state-of-the-art fire station. Thank you for your care and for your love.
“This is also an opportunity to expand the possibility of work for our people. When there are instruments to work with, you need people to use them and drive these vehicles to fight the fires. I am sure that our Governor will use this, as a point of reference, to ensure that we have employment within the system that gives our youths something to do.”
Dr Sekibo also said that Governor Fubara carries the collective hope and vision of all Rivers people who are resolute and determined to continue to support him, saying that this is the more reason why President Bola Tinubu should also support Governor Fubara who, as an ally, has continued to work for the success of his administration.
Dr Sekibo also said that, for the first time in 24 years, the Ijaw Nation, which is domiciled in more than 8 local governments of Rivers State, now have the opportunity of governing the State and enjoys massive support of the people.
So far, he noted, the leadership provided by Governor Fubara has been tested in the bold decisions that he has taken to steer the progress of Rivers people, emphasising: “The work our Governor has done in this State in the short time he has been Governor, shows that he prioritizes our interest, and indeed, cares for the unity of this nation.
“This Governor, at a time when our funds are seized, he made sure that there was no problem in this State. He made sure that essential services continued, he didn’t try to create problems for the Federal Government.”
He pointed to how Rivers people have always supported the government at the centre and have not ceased, adding that under the leadership of Governor Fubara, Rivers people are still and will continue to support the President Bola Tinubu-led Federal Government.
He explained: “Mr President, the dear President of Nigeria, our own President Bola Ahmed Tinubu, we, the Rivers people, have always supported the government at the centre. We have always worked with the government at the centre. This Governor, Sir Siminalayi Fubara, has convinced Rivers people that they must stand with their President, and so, we stand with you.
“There might be persons telling you stories, especially when they see people like me, who was a core Atiku man. They will say, don’t you see, it is Atiku people that are with the Governor. There are also Atiku people that are with them there in Abuja. But, the Governor has convinced us that the place to be is to be with our President. So, Mr President, we stand with you. We stand with you because that is the right thing to do. The election delivered you as our President, and so, we stand with you. The election also delivered our Governor, our son, and we stand with him.”
Dr Sekibo advised Rivers people, who felt demoralised by the Supreme Court judgment, to brace up and give unalloyed support to Governor Fubara, who has assured of obeying the ruling to the latter.
In his speech, Rivers State Commissioner for Special Duties, Dr Samuel Anya, said the Rivers State Fire Service, Borokiri Sub-Station was abandoned for years, but quickly added that Governor Fubara has rehabilitated the structures, provided necessary materials, equipment and fire trucks to serve the people better, and guarantee their safety.
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We’ve Strengthened Rivers Fire Fighting Capability – Fubara

Rivers State Governor, Sir Siminalayi Fubara, has said that the modernised fire-fighting units with new buildings, necessary machinery, materials and equipment will strengthen the emergency response capability of personnel to fire incidences in the State.
The Governor pointed to how the provision will drastically reduce, if not eliminate, the vulnerability of Rivers population to fire disasters, as according to him, there will be timely assistance to victims to reduce damage and bolster conditions for sustainable development.
Governor Fubara, who gave the assurance while inaugurating the Rivers State Fire Service Headquarters Station, located by Isaac Boro Park Flyover, in Port Harcourt City Local Government Area, yesterday, said the gesture serves as a consolidation of the promise made, in line with his vision of governance: to provide quality service to the good people of Rivers State.
He explained that some years ago, the State was at the mercy of the multi-nationals that had functional fire trucks to respond to most fire incidences, and pointed to setbacks that greeted some emergencies, adding that the records of losses to fire incidences were colossal.
Governor Fubara said: “We lost the Mile One Market because we couldn’t respond adequately. We lost, even what we call, the Fruit Garden Market because we could not respond. Are we talking about houses, lives that have been lost in this State because of inadequate fire service?”
The Governor insisted that the purpose of governance is to provide such quality social services, protect lives and property, and make living comfortable for the people, asserting that his administration has not failed in those regards, and has continued to intensify the provision of services that have made Rivers people happy.
He said, “And, what we are doing today is to tell the good people of Rivers State, and to showcase to the world, that there is governance in this State. Not governance for the sake of governance, but governance that is purpose-driven, governance that is interested in projects that will change the lives of our people.
“Some days ago, a tanker fell along the Woji-Elelenwo Road. If it were before, lives would have been lost. But immediately, the fire service, not the multi-nationals, it was the Rivers State Fire Service that responded and arrested the situation. What else are we talking about?”
Governor Fubara said Rivers people are very happy with the consistent delivery of infrastructure projects that address the critical problems experienced by the people in the larger society, emphasising that he believed strongly that even if some persons are indulged in clandestine activities, and determined to discredit his administration, Rivers people are happy, indisputably so.
He explained, “We are not interested whether those people who are commissioned to undermine us are unhappy, that is not our business. Our business is about Rivers State and Rivers people. So, like the Commissioner said, we did not just do this for the sake of glamour. You come here, you see a painted house, every facility that is required in a well-built fire fighting facility, is all in this place.”
Governor Fubara said further: “You can image a government that has a fire service and the firemen are not working. It is only at the end of the month you pay them their salaries. You can see that they were not happy and unproductive. But today, they are happy because they have a big responsibility now ahead of them: to ensure that lives and property of the good people of Rivers State are adequately protected. So, I want to thank you for this particular spirit at this moment.”
Governor Fubara commended the Commissioner for Special Duties, Dr Sam Anya, for driving the process to conclusion, and the contractor for delivering the project on schedule, and assured that his administration will continue to ensure the protection of lives and property while defending the Constitution of the Federal Republic of Nigeria.
Governor Fubara also told Rivers people to expect the provision of more basic amenities, unbiasedly, and advised those in charge of the firefighting equipment to safeguard and protect them so that they can serve their purpose maximally.
Providing the project description, Rivers State Commissioner for Special Duties, Dr Samuel Anya, explained that since the first fire service station was built in the 1960s, this was the first time the facility is being remodeled and upgraded, emphasising that certain features were introduced and added to make the station comparable to fire service stations nationally.
He stated: “We have gym, sick-bay, offices and state-of-the-art equipment that we will use to combat fire. Your Excellency, we have also, new fire trucks that you have acquired. Before now, we did not have any truck, and when incidents happen, we have to call the Federal Fire Service or call Agip or Shell Fire Service. But thank God that His Excellency, in his wisdom, has given us state-of-the-art facility, and we don’t need to call any other person again.”
In his address, Head of Local Government Administration, Port Harcourt City Local Government Area, Mr. Clifford Paul, said Governor Fubara has turned the once dilapidated fire service station and its equipment into a modern masterpiece, which represents a significant milestone in the collective commitment towards tackling fire incidences.
Mr Paul stated that it will certainly enhance the capacity of personnel and reinforce their preparedness to respond to emergencies in the event of fire outbreaks.
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