S/Court reserves judgement in Atiku, Obi’s appeals against Tinubu, as APM withdraws

The Supreme Court has reserved judgement in the application and appeals by the People’s Democratic Party (PDP) and the Labour Party (LP) challenging the election of President Bola Ahmed Tinubu in the February 25 election. Our correspondent however reports that the apex court is to deliver judgement in the matter on or before November 5, […]

The Supreme Court has reserved judgement in the application and appeals by the People’s Democratic Party (PDP) and the Labour Party (LP) challenging the election of President Bola Ahmed Tinubu in the February 25 election.

Our correspondent however reports that the apex court is to deliver judgement in the matter on or before November 5, 2023.

The seven-member panel of justices, led by Justice Inyang Okoro, yesterday reserved the matter after taking arguments of the parties on the application for leave to bring new evidence of alleged forgery against Tinubu and the substantive appeals.

Other justices in the matter are: Uwani Abba-Aji, Lawal Garba, Ibrahim Saulawa, Adamu Jauro, Tijani Abubakar, and Emmanuel Agim.

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The apex court also dismissed the appeal of the Allied Peoples Movement (APM) and its presidential candidate, Chichi Ojei, after their counsel, Chukwuma Machukwu-Ume (SAN) withdrew it.

The panel had insisted that the subject matter of the appeal, which borders on invalid nomination of Tinubu and his deputy, Kashim Shettima, was determined on May 26 in the appeal filed by the PDP.

Atiku’s lawyers argued the application for leave to produce fresh and additional evidence by way of deposition from the Chicago State University in the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu, to the Independent National Electoral Commission (INEC).

At Monday’s hearing, counsel to Atiku, Chris Uche (SAN), told the panel that Tinubu, APC and INEC were opposing the application “essentially on technical grounds.”

Uche argued that the motion was akin to jurisdictional issue not minding when it was filed, adding that the apex court should side-step technicality and grant the request.

Reacting, counsel to INEC, Abubakar Mahmoud (SAN), said Section 285 of the constitution should be interpreted to accommodate the Court of Appeal as a tribunal.

On his part, Olanipekun asked the court to dismiss the “unusual application for lacking in merit.”

He said the depositions Atiku is seeking to tender “are not admissible in the USA. It is akin to depositions which we have here in Nigeria. The depositions were not done in a court.”

Olanipekun said the Court of Appeal is a tribunal based on relevant constitutional provisions, adding that, “The 180 days is like a rock of Gibraltar; it cannot be moved, it’s sacrosanct.”

Reacting also, APC counsel, Akin Olujinmi (SAN), asked the court to reject the motion seeking leave to bring additional fresh evidence.

However, Justice Agim questioned the source of the depositions sought to be tendered in the court and its relevance.

The presiding justice, Okoro, noted that there were two letters on Tinubu’s diploma which show different positions.

Atiku further pleaded with the apex court to set aside the judgment of the Presidential Election Petitions Court for being a miscarriage of justice after it failed to nullify the election for non-compliance with the Electoral Act, 2022.

Also, the lead counsel to the LP, Levi Uzoukwu (SAN), pleaded with the apex court to allow the appeal and grant their prayers.

Barrister Uzoukwu prayed the court to allow the appeal of his client and grant all the prayers sought, including the result sheets they produced before the lower court.

But in their responses, lawyers to INEC, President Tinubu and the APC, each argued that the appeals were frivolous and lacked merit.