Elections in Nigeria have been marked by controversy, violence, and subsequent petitions since the country transitioned to civilian rule in 1999, following its first democratic election since the 1993 military takeover.
The Court of Appeal, which serves as the official election petition tribunal for presidential elections, is where petitions challenging election outcomes are lodged.
The procedure for the election petition tribunal is detailed in the First Schedule of the Electoral Act 2022.
Notably, the Allied Peoples Movement, the Peoples Democratic Party, and the Labour Party, along with their respective presidential candidates, have jointly submitted a petition to the tribunal in an effort to reverse the election victory of President Bola Tinubu in the 2023 presidential election.
Anticipation surrounds the forthcoming verdict of the Presidential Election Petition Court, expected to be delivered today at the Court of Appeal in the Three Arms Zone of Abuja.
This report by PUNCH examines past presidential election petitions in Nigeria since 1999.
1999: Falae vs Obasanjo
Nigeria conducted its presidential elections on February 27, 1999, marking the start of the Fourth Nigerian Republic and the first election since the 1993 military takeover.
Olusegun Obasanjo of the People’s Democratic Party emerged victorious, defeating Olu Falae, who ran on a joint ticket supported by the Alliance for Democracy and the All People’s Party.
Dissatisfied with the results, Falae contested Obasanjo’s victory as declared by the Independent National Electoral Commission, filing a suit at the Court of Appeal in Abuja.
However, on April 19, 1999, Justice Dahiru Musdapher delivered a verdict that found “The petition lacks merit and ought to be dismissed.”
2003: Buhari vs Obasanjo
General Muhammadu Buhari, the presidential candidate of the All Nigeria Peoples Party, filed a case contesting President Olusegun Obasanjo’s 2003 re-election.
However, the case was denied by the Presidential Election Petition Tribunal in Abuja. Buhari alleged that Obasanjo’s re-election was unconstitutional due to corruption, disregard for the Electoral Act of 2002, and ineligibility to run for office at the time of the election.
Buhari pursued the case to the Supreme Court, but the apex court upheld the Tribunal’s earlier ruling.
2007: Buhari and Atiku vs Yar’Adua
Despite widespread claims that the results did not meet international standards, Umaru Yar’Adua emerged victorious in the fiercely contested presidential election.
Atiku Abubakar and Muhammadu Buhari challenged the election in court, but the Supreme Court ultimately affirmed Yar’Adua’s victory.
2011: Buhari vs Jonathan
In the presidential election of April 16, 2011, Buhari, representing the Congress for Progressive Change, attempted to overturn President Goodluck Jonathan’s victory after the Supreme Court declared him the winner.
2019: Atiku vs Buhari
The primary candidates in the 2019 presidential election were Atiku Abubakar of the Peoples Democratic Party and incumbent President Muhammadu Buhari of the All Progressives Congress.
Following an election year devoid of legal challenges, the Court of Appeal upheld Buhari’s re-election in a ruling on September 11, 2019.
On October 30, 2019, the Supreme Court unanimously dismissed Atiku’s case.
2023: Obi and Atiku vs Tinubu
The 2023 presidential election witnessed Atiku Abubakar of the Peoples Democratic Party and Peter Obi of the Labour Party challenging the Independent National Electoral Commission’s declaration of Bola Ahmed Tinubu of the All Progressives Congress as the nation’s next president.
Atiku claimed that this was the worst election since Nigeria returned to democracy in 1999 and contested the results.
Peter Obi also disagreed with the outcome and submitted a petition challenging Tinubu’s designation as the winner of the presidential election held on February 25.
Either party has the option to appeal to the Supreme Court if dissatisfied with the tribunal’s decision, which serves as the highest appellate body with a final say in the matter.
