Seven out of eight states that filed a suit before the Supreme Court seeking the nullification of the victory of the President-elect, Bola Tinubu of the All Progressives Congress (APC) have withdrawn their suit.
They withdrew their suit on Friday, 3rd March 2023, and filed a notice of discontinuance of the case.
The states, Adamawa State, Akwa Ibom, Bayelsa, Delta, Edo, Taraba, and Sokoto took the action through their team of lawyers led by Chief Mike Ozekhome (SAN).
The notice, dated March 3 reads: “Take notice that the plaintiffs doth hereby, wholly discontinue this suit against the defendant herein.’
No reason was however given by the plaintiffs for their decision to discontinue the case.
It was earlier reported that the plaintiffs had in a suit filed before the apex court maintained that the 2023 presidential election results from the 36 states of the federation and the FCT, were not properly transmitted and collated by the Independent National Electoral Commission (INEC) as prescribed by the 2022 Electoral Act.
They argued before the apex court that INEC breached the provisions of the Electoral Act in collating and announcing the outcome of Saturday, February 25 Presidential and National Assembly elections.
In the suit marked: SC/CV/354/2023, the states which are controlled by the opposition Peoples Democratic Party (PDP) further alleged that INEC pulled down its portal which has the Regulations and Guidelines it earlier set for the elections.
Consequently, they sought “A declaration that the failure of the Federal Government of Nigeria, the Independent National Electoral Commission to electronically transmit or transfer Polling Unit Results in Form EC8A using BVAS by uploading Scanned Copy of the said Unit Result to the Independent National Electoral Commission Result Viewing Portal (IReV) after the counting and announcement of the Polling Units results on 25th of February, 2023 in collusion, violates the provision of Sections 25; 47(2); 60 (1), (2), (4) & (5); 62; 64(4)(a) & (b); 70; and 148 of the Electoral Act, 2022, governing the 2023 nationwide general elections, particularly paragraphs 38 of the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and paragraphs 2.8.4; 2.9.0; and 2.9.1 of the INEC Manual for Election Officials, 2023, for the conduct of the presidential election.”
They are also seeking an order of the apex court “directing a holistic review of all results so far announced by the Federal Government of Nigeria through INEC which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.
“And for such further Orders as the Honourable Court may deem fit to make in the circumstance.”The plaintiffs also brought an application praying the apex court for an order directing a departure from the rules of the apex court in the interest of justice by directing for accelerated hearing of the substantive suit.”
The plaintiffs in the originating summons marked: SC/CV/354/2023, are specifically asking for an order of the apex court, “directing a holistic review of all results so far announced by the Federal Government of Nigeria through the Independent National Electoral Commission (INEC) which were carried out other than through the manner prescribed by the provisions of the Electoral Act, 2022, the INEC Regulations and Guidelines for the Conduct of Elections, 2022; and the INEC Manual for Election Officials.
