Supreme Court delivers judgment in Atiku, Obi’s appeals Oct. 26

Wed, Oct 25, 2023
By editor
3 MIN READ

Judiciary

THE Supreme Court is set to deliver  judgement on Thursday, in the appeals filed by the presidential candidates of the Peoples Democratic Party, (PDP), Alhaji Abubakar Atiku and Labour Party, Mr 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 Feb. 25 presidential election and affirmed the election of President Bola Tinubu.

The Director of Information of the Supreme Court, Mr Festus Akande confirmed the information to newsmen on Wednesday in Abuja.

The News Agency of Nigeria, (NAN) reports that 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.

NAN reports that the PEPC on Sept. 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, Mr 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 Feb. 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 Mr 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,  counsel 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, Mr 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.

Mr Mahmoud Yakubu, SAN for INEC and Mr 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.

NAN also reports that although Atiku and Obi’s petitions were consolidated, they were heard separately. (NAN)

A.

-October 25, 2023 @ 12:59 GMT |

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