Nigeria, in its first and most successful democratic journey, is warming up to May 29, a day termed Democracy Day, for yet another transition from one dispensation of government to another.

Events leading to this day, as they concern the election of new leaders that will pilot the affairs of the nation for the next four years, were shrouded with a grave sense of trepidation, basically due to the anxiety created by the do-or-die attitude of Nigerian politicians. 

It has always been the hope of the nation to get it right with a process devoid of electoral malpractices, rigging, and other encumbrances to free, fair and credible elections.

Long before the February 25, 2023, Presidential election, there was fear amongst Nigerians about whether the election would be free, fair, and credible. Or if indeed, the election would be one that would engender quality representation and good governance. 

Presently, Nigerians are divided over the conduct of the elections. While some believe the electoral umpire, the Independent National Electoral Commission (INEC) did a good job with the way the election was conducted and a winner declared, others see the election as a sham and an embarrassment to the country before the international community.

Before the election, INEC had promised Nigerians that it will do its best to give the country credible polls. The electoral body promised to end electoral malpractices and rigging during the election.

However, just as it is in the past elections, many were of the view that the 2023 election was of no marked difference from previous flawed exercises as it was alleged to be characterized by huggery, rigging and all forms of electoral malpractices.

In fact, a section of the foreign mission observers described the election as everything but free and fair.

Four days after the election was conducted, precisely on March 1, 2023, INEC, through its Chairman, Prof Mahmud Yakubu, who served as the chief collation officer of the federation, in the dead of the night declared Asiwaju Bola Tinubu of the All Progressives’ Congress (APC), winner of the election with 8,794,726 votes, ahead of Atiku Abubakar of the People’s Democratic Party (PDP) who polled 6,984,520 votes, and Peter Obi, candidate of the Labour Party (LP), who secured 6,101,533 votes.

Shortly after the election was conducted and results announced, political parties and their candidates have been pointing accusing fingers at one another.

Consequently, candidates of the PDP and that of LP, Abubakar and Obi, have respectively approach the Presidential Election Petition Tribunal, to challenge the declaration of Tinubu, as the president-elect.

According to them, the process failed to comply with the Electoral Act 2022, which assured Nigerians of credible elections with the introduction of Bimodal Voters Accreditation System BVAS.

To substantiate their claims of a stolen mandate as well as to be grounded for their defence, the Petitioners applied and obtained the order of court to inspect the materials used by INEC to conduct the elections, but INEC brought a fresh motion seeking for an order to reconfigure the Bimodal Voter Accreditation System, BVAS, a move that was opposed by Obi and Abubakar.

Further, Atiku and Obi respectively, approached the Presidential Election Petition Court (PEPC) for an order allowing live broadcast of the day-to-day proceedings PEPC hearing.

Specifically, they are praying the court for “An order Directing the Court’s Registry and the parties on modalities for admission of Media Practitioners and their Equipment into the courtroom.”

Moving the motion, Counsel to Atiku, Chief Chris Uche SAN, argued that the request is of national importance and public interest.

He submitted that citizens and voters in the 36 States of the Federation including FCT Abuja, who voted and participated in the said election; and the International Community has the right to follow the workings of Nigeria’s Electoral Process.

However, as the time of filing this report, the tribunal headed by Justice Haruna Tsamani has reserved ruling on that application for a date to be committed to the parties.

Currently at the tribunal, the ongoing pre-hearing where the parties are to regularize their processes to determine tenable documents during the full-blown hearing of the petitions has seen two petitioners, Action Peoples Party (APP) and Action Alliance (AA) withdrawn from the legal fireworks against the president-elect.

In the meantime, LP, alongside other parties in the suit pending at PEPC are still struggling to regularize their processes to determine which documents to tender in court or not. 

Respondents claimed that the Petitioner, Obi’s legal team, walked out of the meeting held to regulate their processes as ordered by the court. 

They further revealed that the party refused to pay the sum of N1.5million as demanded by Sokoto state to obtain the certified true copies of the documents requested.

However, Obi’s lead counsel, Dr Levy Uzoukwu SAN, denied the allegation of walked-out, but assured of total compliance and the readiness to pay the statutory amount for the documents.

Responding, Counsel to the 2nd and 3rd respondents, Wole Olanipekun, SAN, also accused the INEC of frustrating their efforts to regularize their proceeding 

He submitted that five times, they had written to the electoral empire and five times they refused to respond to them.

“We are yet to receive about 70% of the documents the INEC was supposed to send to us. For example, in Rivers state were the Resident Electoral Commission REC boldly told us they do not have any Form EC8A. We requested they put in writing.” 

Political watchers have averred that going by the outcome of previous presidential election petition cases, one would say Abubakar and Obi’s petitions were dead on arrival.

But Nigerians, especially, those who massively voted for Obi known as Obi-dients and Atiku are hopeful, and of the opinion that the search for justice for their candidates would not be in vain.

It will be recalled that some of the reports of the foreign mission election observers were damning.

The European Union in its report said the election lacks transparency.

 “The EU observation mission said the elections were held on schedule but lack of transparency and operational failures reduced trust in the process and called for the right to vote.

“Fundamental freedom of assembly and movement were largely respected, yet the full enrolment of the latter was impeded by insufficient planning, insecurity, and the prevailing Naira and fuel shortages.

“However, lack of public information on election technologies (Bimodal Voter Accreditation System and IREV) diminished expectations and left room for speculation and uncertainty.”