Alhaji Abubakar Atiku, the presidential candidate of the People’s Democratic Party (PDP), has escalated his legal battle by approaching the Supreme Court to challenge the judgment of the Presidential Election Petition Court.
The move comes after the petition court, on September 6, upheld the victory of Bola Ahmed Tinubu, the presidential candidate of the All Progressive Congress (APC), in the 2023 presidential election.
Atiku’s Notice of Appeal, consisting of 35 grounds, asserts that the tribunal’s judgment, delivered by Justice Haruna Simon Tsammani, was marred by serious errors and a miscarriage of justice.
These errors and mis-judgments, according to Atiku’s lead counsel, Chief Chris Uche, SAN, warrant the Supreme Court’s intervention to rectify the situation.
The Notice of Appeal seeks to have the Supreme Court set aside the entire findings and conclusions of the tribunal, as Atiku believes they do not accurately represent the substance of his petition.
One of the key arguments put forth by the former Vice President is that the Tribunal erred in law by failing to nullify the presidential election conducted on February 25, 2023.
This non-compliance with the Electoral Act, 2022, is alleged to be rooted in INEC’s conduct of the election, which, according to evidence presented to the tribunal, was characterized by grave and gross misrepresentation.
This misrepresentation is deemed contrary to the principles outlined in the Electoral Act 2022 and runs counter to the “doctrine of legitimate expectation.”
Atiku’s appeal to the Supreme Court signals his determination to exhaust all legal avenues available to challenge the tribunal’s judgment and contest the declaration of Tinubu as President by the Independent National Electoral Commission (INEC).
