Supreme Court reserves judgment On Atiku's Petition Against Tinubu
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Supreme Court reserves judgment On Atiku's Petition Against Tinubu

Oct. 24, 2023

Supreme Court reserves judgment On Atiku's Petition Against Tinubu

Admin By Adewale Adewale
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The Supreme Court, on Monday reserved judgment on the appeal by former Vice President and Presidential candidate of the People’s Democratic Party in the February 25, election, Alhaji Atiku Abubakar, 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 Atiku's 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 appellants; 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.

Atiku posited 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”.

Specifically, Atiku wants the Supreme 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.

Consequently, he asked the Supreme Court to dismiss the appeal filed by former Atiku Abubakar and the Peoples Democratic Party (PDP) challenging his victory in the 2023 presidential election.

Tinubu, who claimed that Atiku, former Vice President and his party failed to prove all their allegations and submissions at the Tribunal, maintained that Presidential Election Petition Tribunal (PEPT), was right in arriving at its verdict on September 6, where it dismissed their petition and affirming the President’s victory, urged the apex court to act in like manner 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.

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