Supreme Court dismisses Atiku, Obi’s appeals, upholds Tinubu’s victory

BrandPower Magazine 26/10/2023Last Updated: 26/10/2023

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The Supreme Court has dismissed the appeal by former Vice President and Presidential candidate of the Peoples Democratic Party, Alhaji 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 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 apex court held that Atiku and PDP did not prove that they suffered any miscarriage of justice as a result of the dismissal of their petition by the Presidential Election Petition Court, PEPC.

It described as misconceived and misplaced, Atiku’s contention that Tinubu ought not have been declared winner of the presidential election, having failed to secure 25% votes in the Federal Capital Territory, FCT, Abuja.

The apex court affirmed the position of the PEPC that the FCT does not have a status that is more special than that of the 36 States of the federation.

It further upheld the striking out the evidence of some of the witnesses that testified for Atiku at the PEPC hearing, adding that most of the witnesses gave “inadmissible hearsay” evidence

“The Appellants did not present any evidence to warrant the interference of the findings of the lower court,” head of the apex court panel, Justice Okoro, added.

On the issue that President Tinubu was involved in a drug related case in the USA that led to the forfeiture of $460, 000, the Supreme Court held that Tinubu raised the issue when the Respondents had already filed their process.

It held that the action denied the Respondents the right to fair hearing.

“The ruling of the lower court is unassailable and this court will not interfere,” it held.

The court held that whereas Atiku alleged that the result that was declared by INEC was not accurate, he, however, failed to put forward their perceived rightful result.

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.

Tinubu’s victory can’t be annulled over non electronic transmission of election results – Supreme Court

The Supreme Court also said that the failure by the Independent National Electoral Commission to transmit election results electronically did not affect the outcome of the election and could not warrant the nullification of the result of the presidential election.

Justice John Okoro, made the pronouncement in a lead judgment on the appeal by former Vice President and Presidential candidate of the Peoples Democratic Party, Alhaji Atiku Abubakar; and that of the candidate of Labour Party, Peter Obi, seeking to nullify the February 25, presidential election of President Bola Tinubu.

Okoro also dismissed the issue of the 25 per cent requirement for Abuja, as a none issue.