The Court of Appeal, the official election petition tribunal for presidential elections, is where petitions challenging the outcome of an election are filed.
The First Schedule to the Electoral Act 2022 contains the procedure for the election petition tribunal.
The Allied Peoples Movement, the Peoples Democratic Party, and the Labour Party, along with their respective presidential candidates, filed a petition with the tribunal in an attempt to overturn President Bola Tinubu’s election as the winner of the 2023 presidential election.
It is anticipated that the Presidential Election Petition Court will render its much-awaited verdict on Wednesday (today).
The proceedings will be held at the Court of Appeal, Three Arms zone, Abuja.
In this report, PUNCH highlights previous presidential election petitions in the country since 1999.
1999 (Falae vs Obasanjo)
Nigeria held its presidential elections on February 27, 1999.
These were the inaugural elections of the Fourth Nigerian Republic and the first since the military takeover in 1993.
Olusegun Obasanjo of the People’s Democratic Party became victorious, defeating Olu Falae, who was contesting on a ticket jointly sponsored by the Alliance for Democracy and the All People’s Party.
Falae, a former Secretary to the Government of the Federation, was unhappy with the results and filed a suit at the Court of Appeal in Abuja, disputing Obasanjo’s victory as declared by the Independent National Electoral Commission.
Falae lost the case in an April 19, 1999 ruling. The judgement delivered by Justice Dahiru Musdapher found that “The petition lacks merit and ought to be dismissed”.
2003 (Buhari vs Obasanjo)
The All Nigeria Peoples Party’s presidential candidate, General Muhammadu Buhari, submitted a case contesting President Olusegun Obasanjo’s 2003 re-election, but it was denied by the Presidential Election Petition Tribunal in Abuja.
In his petition, he asked the court to declare Obasanjo’s re-election unconstitutional, due to his alleged corruption, disregard for the Electoral Act of 2002, and lack of eligibility to run for office at the time of the election.
He again went to the Supreme Court, but the apex court delivered a judgment that validated the Tribunal’s earlier ruling.
2007 (Buhari and Atiku vs Yaradua)
Yar’Adua was victorious in a fiercely contested presidential election despite the fact that both domestic and foreign observers declared that the results fell short of international standards.
Atiku and Buhari disputed the election in court, and the Supreme Court ultimately, affirmed Yar’Adua’s victory at the polls.
2011 (Buhari vs Jonathan)
In the presidential election of April 16, 2011, Buhari, the Congress for Progressive Change nominee, was unsuccessful in his attempt to overturn President Goodluck Jonathan’s victory after he was declared the winner by a seven-member Supreme Court bench.
2019 (Atiku vs Buhari)
The leading candidates in the 2019 presidential election were Peoples Democratic Party candidate, Atiku Abubakar and incumbent, President Muhammadu Buhari of the All Progressives Congress, which was held on February 23, 2019.
In a ruling issued on September 11, 2019, the Court of Appeal upheld Buhari’s re-election following an election year devoid of any lawsuit.
On October 30, 2019, the Supreme Court decided unanimously that Atiku’s case was without merit.
2023 (Obi and Atiku vs Tinubu)
The Peoples Democratic Party’s Atiku Abubakar and the Labour Party’s Peter Obi challenged INEC’s declaration of Bola Ahmed Tinubu of the All Progressives Congress as the nation’s next president.
Atiku declared that the election was the worst since Nigeria returned to democracy in 1999 and disputed the results.
Peter Obi, on his part, disagreed with the outcome and submitted a petition contesting Tinubu’s designation as the winner of the presidential election held on February 25.
Either party may file an appeal with the Supreme Court if they are dissatisfied with the tribunal’s decision. The decision made by the tribunal, the highest appellate body, is final.
