The Supreme Court, will on a later date, give judgment on the appeal by the presidential candidate of the Peoples Democratic Party(PDP), Alhaji Atiku Abubakar and Peter Obi of the Labour Party (LP) against President Bola Ahmed Tinubu.
The petitioners are seeking to dismiss and set aside the September 6, judgement of the Presidential Election Petition Court, which affirmed the election of Bola Tinubu as President.
A 7-man panel of Justices led by John Okoro Inyang, after hearing the appeal, said the date for judgment would be communicated to parties.
Other Justices on the panel are: Uwani Abaji, Lawal Garba, Ibrahim Saulawa, Adamu Jauro, Tijani Abubakar, and Emma Agim.
At Monday’s sitting, Chief Chris Uche SAN, appeared for the Atiku, Levi Uzoukwu SAN for Obi and
Abubakar Mahmoud SAN announced appearance for the Independent National Electoral Commission (1st Respondent).
Chief Wole Olanipekun SAN, represented the 2nd Respondent, President Bola Tinubu, while Chief Akin Olujimi SAN, announced legal representation for the All Progressives Congress (3rd Respondent).
In a Notice of Appeal predicated on 35 grounds, Atiku told the apex court that the tribunal in the judgment delivered by Justice Haruna Tsammani erred on the side of law and miscarriage of justice in its findings and conclusion in the petition.
He maintained that the Tribunal erred in law when it failed to nullify the presidential election held on February 25, 2023, on the grounds of non-compliance with the Electoral Act, 2022, when by the evidence before the tribunal, 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”.
Obi on his part, wants the Apex Court to set aside the whole findings and conclusions of the Tribunal on the grounds that they did not represent the true picture of the grounds of his petition.
Reacting, counsel to the 1st, 2nd and 3rd Respondents respectively, urged the court to dismiss the appeal for want of merit and for being frivolous.
Specifically, Tinubu’s lawyer, Wole Olanipekun SAN described Atiku’s appeal as abusive in nature and ask it to dismiss it.
Tinubu urged the apex court to act in like manner of the Presidential Election Petition Tribunal (PEPT),
by not only dismissing the appeal for lacking in merit and bona fide, but affirm his victory.
Counsel to the INEC and APC also asked the panel to dismiss the appeal for want of merit.
