*Quashes Atiku, Obi’s petition as waste of the apex Court’s time
The Supreme Court on Thursday held that it lacked jurisdiction to admit fresh evidence in the appeal of the judgment of the presidential election petition tribunal.
The suit marked SC/ /2023 CA/PEPC/05/2023 was filed Atiku and the PDP as the Appellants while the Independent National Electoral Commission (INEC), Tinubu Bola Ahmed and the All Progressives Congress (APC) are the Respondents.
The Appellants in the Notice of Appeal said they were “dissatisfied with the decision more particularly stated in paragraph 2 herein, contained in the consolidated judgment of the Court of Appeal (sitting as the Presidential Election Petition Court), coram:- Haruna Simon Tsammani, JCA, Stephen Jonah Adah, JCA, Misitura Omodere Bolaji-Yusuff, JCA, Boloukuroma Moses Ugo, JCA, and Abba Bello Mohammed, JCA delivered 6th September 2023 in Petition No. CA/PEPC/05/2023 between Abubakar Atiku & Anor vs Independent National Electoral Commission & others.
Particularly contained from pages 487 to 752 of the consolidated judgment (as well as the concurring contributions and rulings thereto) doth hereby appeal to the Supreme Court upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4.”
The Presidential Election Petition Court had dismissed the petition filed by the PDP and Atiku challenging the election of President Bola Tinubu.
The tribunal also dismissed the petition of Peter Obi of the Labour Party, challenging Tinubu’s election, describing it as “unmeritorious”.(NAN)
The Supreme Court has rejected the CSU evidence, they said the law doesn’t permit amendment
The judge said “I wonder how the appellants planned to use the documents from Chicago State University”
The judge went on to say this motion is after 180 days as prescribed by the law. There is no way this motion can be sent back to the lower court to try the matter again. This court cannot carry out what the lower court cannot do
There is no doubt that the deposition is one of substance and that is why the appellants are seeking to introduce it.
After the expiration of time of the petition, no amendment shall be made (he reads the contents of Electoral Act, 2023). Nothing can be clearer than the above provision. A Petitioner shall not be permitted to amend their petition 21 days after the filing petition.
On section 285 of Constitution, the appellants argued that there is no such limit as 180 days on which the lower court can hear matters of the election petition tribunal. It is shocking to have the above argument. It is an unnecessary joke. It is unfair to suggest that we go back to the previous laws.
The lower court is bound by sec. 285(6) of the Constitution. They had to proved their case within the 180 days and this expired since 17th September, 2023. The lower court therefore had no jurisdiction. Consequently, since the lower courts had no jurisdiction, it follows that this Supreme also has no jurisdiction to do that.
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,” Justice Okoro held.
“For us to sit down now and talk about when this man resigned or did not resign when they did fresh primaries to replace him which we have done before, we are not going to do this again.
“This matter ought not to have come in. When this matter was pending at the trial court, this court delivered that judgment.
“If you read the judgment of the lower court, they mentioned that the Supreme Court has settled this matter and that should have been the end.
“You now bring this issue of double nomination for us to sit on it and write another judgment, this is not how it should be. This appeal lacks merit and is hereby dismissed.”
An election appeals court last month already rejected the two main opposition party petitions, including allegations of fraud, violations by the Independent National Electoral Commission (INEC), and claims Tinubu did not meet the constitutional requirements.
Along with its original claims, Atiku’s legal team had also sought to introduce new evidence, it claims shows Tinubu submitted a forged certificate from the Chicago State University as a qualification to the election commission when he applied to run for president.
Vowing an agenda of “Renewed Hope”, Tinubu took office in May and has quickly introduced reforms his government says will help grow Africa’s largest economy and attract more foreign investment.
