Tinubu won the majority lawful votes, he is the President, S’Court rules

The Supreme Court has upheld the election of Bola Tinubu as Nigeria’s President as declared by the Independent National Electoral Commission and the Presidential Election Petition Tribunal which affirmed Tinubu’s election as president.

The apex court gave the its ruling on Thursday in a judgment delivered by leader of the seven-member judges, Justice Inyang Okoro, later and consented to by others six justices.

In a unanimous decision, the seven panel of Justices of the Supreme Court affirmed Tinubu’s election.

The panel members are Okoro, Justices Uwani Abba-Aji, Mohammed Garba Lawal, Ibrahim Saulawa, Adamu Jauro, Tijani Abubakar and Emmanuel Agim.

They looked at the appeals by the Peoples Democratic candidate, Atiku Abubakar, and the candidate of the Labour Party, Peter Obi and threw them out one-by-one.

Okoro said there was no merit in the PDP and Atiku’s petition and resolved all the seven issues identified for determination against the appellants.

He added, “On the whole, having resolved all the issues against the appellant, it is my view that there is no merit in the appeal and it is hereby dismissed.

“The judgment of the court below delivered on September 6th 2023 affirming the election of the second respondent as the duly elected President of the Federal Republic of Nigeria is hereby affirmed.”

On Obi’s double nomination claim, Okoro said the former Anambra governor “ought not to have come to this Court. The Court cannot sit and begin to explain when this man resigned and when there was a fresh Primary.

“There is an end to litigation. The issue of double nomination was rested in May.

“All other grounds were dealt with in the Atiku’s appeal and apply to this mutantis mutandis. This appeal lacks merit.”

On the claim that Tinubu did not win, the court said, “In this appeal, the issue before us, is not who won majority of votes in the states which is debatable, but who won majority of lawful votes in the Federation.

“I have seriously gone through the respective briefs of the parties vis-a-vis the record of Appeal, I am unable to find any alternative figure put forward by the appellants as their rightful votes scored in the election other than the scores released by the 1st Respondent (INEC) showing that the 2nd Respondent (Tinubu) won the election and it is presumed correct.”

Justice Okoro held that not having 25% of the votes in Abuja does not stop a candidate from being declared president.

The judge held that people of Abuja “are equal and not different from other Nigerians.”

The Supreme Court said Tinubu scored the highest number of votes and being “declared winner is legal and according to the Constitution of the Federal Republic of Nigeria.”

He dismissed all the appeals