In this interview with FRIDAY OLOKOR, former Ondo State Commissioner for Education, Dr. Remi Olatubora (SAN), examines the verdict of the Presidential Election Petition Tribunal and its potential impact on the nation’s legal system.
The recent judgment of the Presidential Election Petition Tribunal has raised important lessons for candidates as Nigeria prepares for future elections.
Candidates who intend to seek legal recourse in case of election irregularities must be well-prepared from the outset. This preparation should begin even before the election, with candidates ensuring their polling agents are adequately trained to recognize issues and take detailed notes.
Furthermore, as election results are compiled and collated, candidates should simultaneously gather reports from their polling units and maintain regular contact with their polling agents. This proactive approach can prove invaluable when preparing a petition, as the evidence collected by polling agents will serve as a primary source for legal proceedings.
In addition, it is crucial that complaints regarding election conduct are specific and tied to particular polling units. Allegations of non-compliance must be clearly stated in petitions to be admissible in court. Failure to do so may render such complaints moot.
Regarding the issue of the Federal Capital Territory’s (FCT) status and the 25% requirement for a presidential candidate, the tribunal clarified that the FCT should be treated as a state for the purpose of calculating geographic spread. This decision aligns with the principle of equality and ensures that votes from the FCT are not considered more significant than those from other states.
Concerning the use of electronic transmission of results, the tribunal upheld the existing practice of manual collation of results at polling units, followed by photographing and electronic transmission to the INEC result viewing portal. The tribunal did not endorse electronic transmission of figures, emphasizing the distinction between electronic transmission of results and figures.
Regarding the duration of election-related litigations, there is room for improvement. While the current 180-day provision represents progress compared to previous lengthy litigations, there is merit in exploring ways to expedite the process further. This should include focusing on enhancing the electoral system to reduce the likelihood of disputes.
Ultimately, the attitude of politicians plays a significant role in post-election litigations. Politicians must respect the law and avoid exploiting potential loopholes, which can lead to prolonged legal battles.
In conclusion, the recent tribunal judgment provides valuable insights for candidates, legal practitioners, and election stakeholders in Nigeria. It underscores the importance of meticulous preparation, specificity in complaints, and adherence to electoral laws and regulations. Additionally, it highlights the need for ongoing improvements in the electoral system to minimize disputes and expedite legal proceedings.