2023 Poll: Supreme Court Picks Justices To Hear Atiku, Obi’s Appeal Against Tinubu
- Legal fireworks resume Monday, October 23 at Apex Court
BY SEGUN ADEBAYO – Finally, the Supreme Court has constituted a seven-member panel of justices to hear the appeal in the petitions filed by three candidates challenging the outcome of the February 25 presidential election as declared by the Independent National Electoral Commission (INEC) and affirmed by the Presidential Election Petition Tribunal (PEPT) on September 6, 2023.
This is as the legal tussle to unseat President Bola Tinubu resumes at the apex Court on Monday, October 23 with the appeal filed by former Vice President and Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar, listed for hearing.
The hearing notices were served on the presidential candidates of the Peoples Democratic Party (PDP), Atiku Abubakar; the Labour Party (LP), Peter Obi; and the Allied Peoples Movement (APM), Chichi Ojei.
Signed by the apex Court Registrar, Zainab M. Garba, the notices said by Order 2 Rule 1(2) of the Supreme Court’s Rules 1985 as amended, the notice is deemed as sufficiently served on the parties, adding; ‘’Take notice that the above appeal/motion (Atiku’s appeal) will be listed for hearing before the Supreme Court of Nigeria sitting at Abuja on Monday, October 23, 2023.”
Specifically, the notice read; “And further take notice that in accordance with Order 2 Rule 1(2) of the Supreme Court Rules 1985, as amended, this notice is deemed sufficiently served on you if it is left at your address of service or sent by registered post and since the date of service by post is material, section 26 of the Interpretation Act, 1964, shall apply.”
According to the apex Court, listed as members of the panel to sit on the appeals are justices Adamu Jauro, Uwani Musa Abba Aji, Lawal Garba, Helen M. Ogunwumiju, I.N. Saulawa, Tijjani Abubakar and Emmanuel Agim.
In his appeal lodged at the Supreme Court, the PDP flag bearer, Atiku maintains that the Presidential Election Petitions Tribunal (PEPT) erred when they dismissed his petition on the grounds that the petitioners failed to prove allegations of irregularities in the presidential election; and 25 percent requirement in the Federal Capital Territory (FCT).
Additionally, the Wazirin Adamawa had also contended that the $$60,000 forfeiture and INEC’s failure to transmit the results from the polling units to the result viewing portal (IREV), using Bimodal Voter Accreditation System (BVAS) as provided in its laws and guidelines constituted non-compliance as envisaged by the Electoral Act, 2022.
Similarly, Atiku, through the application by his counsel, Chris Uche (SAN), also requested leave to file the academic records of Tinubu, which he alleged were forged as reflected in the recently released educational documents by the Chicago State University (CSU).
For the Labour Party Standard bearer, Peter Obi, the appeal is based on the tribunal’s refusal to acknowledge that his 18,088 polling units’ blurred results, clearly prove a miscarriage of justice in the election’s outcome as declared by INEC
On the part of APM’s Ojei, the appeal is asserting that Tinubu and his then running mate but now Vice President Kashim Shettima, were disqualified on the grounds of invalid nomination for the offices.
However, replying to all the appeals, particularly the one filed by Atiku seeking to tender new evidence, President Tinubu, through his counsel, Wole Olanipekun (SAN) urged the apex Court to consider the PDP candidate’s petition as an abuse of court process and also lacking in merit.
Further directing his reply to the appeal by the former Anambra State Governor and LP flag bearer, the President’s counsel said the petition is a jamboree even as it also lacks merit in its totality.
