Consistent with criticisms and failings of Nigeria’s 2023 general elections, the contending parties have headed to the courts in search of justice. The elections have been described by international and national observers, as well as several of the political parties as lacking credibility. Major observation groups, including the Nigeria Civil Society Situation Room, the European Union Observation Mission to Nigeria, the National Democratic Institute and the International Republican Institute (NDI/IRI) election teams have all expressed disappointment about the elections.
Three political parties and their presidential candidates in the 2023 Presidential election have filed their respective petitions challenging the declaration of Bola Ahmed Tinubu of the All Progressives Congress (APC) as winner of the February 25 Presidential election. They include the Action Alliance (AA), the Allied People’s Movement (APM) and the Labour Party (LP). The parties and their candidates are challenging the election on grounds of substantial non-compliance with the electoral laws and guidelines of the Independent National Electoral Commission (INEC). They particularly noted that the elections were characterised by irregularities and failure to upload polling unit results on INEC’s Result Viewing Portal (IReV). In addition, the Labour Party Presidential Candidate, Peter Obi is also challenging the qualification of the President-elect, Bola Tinubu and the Vice President-elect, Kashim Shettima to contest in the election. He is urging the court to declare him as the rightful winner of the election or nullify the election and order fresh polls.
According to section 285 (6) of the 1999 Nigerian Constitution, an election tribunal must deliver its judgment within 180 days from the date the petition was filed. The decision of the Court of Appeal in its capacity as the Presidential Election Tribunal may be appealed at the Supreme Court within 14 days from the date the decision was given. According to section 285 (7) of the Constitution, such appeal must be heard and disposed of within 60 days from the date of the Court of Appeal’s decision.