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Thu, Nov 21, 2024
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Supreme Court to decide Atiku, Obi's Appeals against Tinubu's election
The Supreme Court is set to deliver Judgement on Thursday, in the Appeals filed by the Presidential Candidates of the Peoples Democratic Party, (PDP), Abubakar Atiku and Labour Party, Peter Obi.
Atiku and Obi are challenging the Judgment of the Presidential Election Petition Court, (PEPC) which dismissed their Election Petitions challenging the outcome of the February 25 Presidential Election and affirmed the election of President Bola Tinubu.
The Director of Information of the Supreme Court, Festus Akande confirmed the Information to Journalists on Wednesday in Abuja.
The Apex court had on Monday, reserved Judgment after hearing the Appeals of Obi and Atiku challenging the Judgment of the PEPC that affirmed President Tinubu’s victory.
The PEPC on September 6, dismissed Atiku and Obi’s Petitions for lacking in merit and affirmed the election of President Bola Tinubu.
Miffed by the Judgment, the duo approached the Supreme Court asking it to overturn the Judgment of the Lower Court in their favour.
In Atiku’s Notice of Appeal predicated on 35 grounds, he told the Apex Court that the PEPC erred on the side of Law in the Judgment delivered by the Chairman of the Panel, Justice Haruna Tsammani.
Atiku, through his Lead Counsel, Chris Uche, SAN told the Court that the Judgment of the PEPC was a miscarriage of Justice.
He argued that the Lower Court also erred in Law when it failed to nullify the Presidential Election held on February 25, on the grounds of non-compliance with the Electoral Act, 2022.
According to him, by the evidence before the Court, INEC conducted the Election based on grave and gross misrepresentation contrary to the Principles of the Electoral Act 2022, based on the Doctrine of Legitimate Expectation.
Specifically, Atiku asked the Supreme Court to set aside the whole findings and conclusions of the PEPC on the grounds that they did not represent the true picture of the grounds of his Petition.
Obi, on the other hand through his Lead Counsel, Levi Uzoukwu, SAN, also prayed the Apex Court to set aside the Judgment of the PEPC that dismissed his Petition.
Uzoukwu prayed the Court to allow the Appeal of his Client and grant all the prayers sought.
In their responses, Counsels to the Respondents, the Independent National Electoral Commission, (INEC), President Tinubu and the All Progressives Congress, (APC) each urged the Court to dismiss the Appeals for want of merit and for being frivolous.
Specifically, President Tinubu’s Lawyer, Wole Olanipekun, SAN, described the Appeals as lacking in merit .
Olanipekun specifically told the Court that the Appeal filed by Atiku was abusive in nature and asked the Court to dismiss the Appeal.
Mahmoud Yakubu, SAN, for INEC and Akin Olujimi similarly asked the Panel to dismiss the Appeals for want of merit.
The Seven-Man Panel of Justices led by Justice Inyang Okoro, after hearing both Appeals, said the date for Judgment would be communicated to the Parties.
Although Atiku and Obi’s Petitions were consolidated, they were heard separately.
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Supreme Court affirms Tinubu's election as President
The Supreme Court had dismissed the Appeal by former Vice President and Presidential Candidate of the Peoples Democratic Party, Atiku Abubakar, seeking to nullify the February 25, Presidential Election of President Bola Tinubu.
In the Notice of Appeal, Atiku had urged the Apex Court to dismiss and set aside the September 6 Judgement of the Presidential Election Petition Court, which affirmed the victory of President Tinubu.
A Seven-Man Panel of Justices led by John Okoro, in determining the first issue for determination, held that failure to transmit Election Results electronically did not affect the outcome of the Election and could not warrant the nullification of Presidential Election.
The Apex Court also stated that Atiku did not produce alternative Results of the Presidential Election that showed he won majority number of Votes cast to rebuff the one declared by INEC.
The Court resolved all the 7 issues distilled for determination in favour of Tinubu, stating that the Appeal lacked merit.
The Apex Court thrashed all the grounds of Appeal of Atiku and PDP on qualification, non-compliance with the Electoral Act, the 25% votes in FCT, and electoral malpractices.
“On the whole, having resolved all the issues against the Appellant, it is my view that there is no merit in the Appeal and it is hereby dismissed,” Justice Inyang Okoro said in dismissing Atiku’s Appeal.
“The Judgment of the Court below delivered on September 6 2023 affirming the Election of the second Respondent as the duly elected President of the Federal Republic of Nigeria is hereby affirmed.”
It listened to Obi’s Appeal for about five minutes. In dealing with the LP’s Presidential Candidate on the issue of double nomination of Vice-President Kashim Shettima, the Court held that the issue had been dealt with in its Ruling on May 26.
“As for issue Number 4 which has to do with double nomination which was not in Atiku’s Appeal, it is the view of this Court that this issue having been dealt with by this Court, this Court cannot allow the Matter to be re-litigated in this very Court.
“There must be an end to litigation,” Okoro held.
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