Supreme Court decides Atiku’s appeal against Tinubu’s victory Monday

The Supreme Court has fixed Monday, October 23, for judgment in the appeal filed by Atiku Abubakar, Presidential Candidate of the Peoples Democratic Party (PDP), to challenge the verdict of the Presidential Tribunal, which affirmed the victory of President Bola Tinubu.

The Independent National Electoral Commission (INEC) declared Tinubu the winner of the February 25 election.

In his appeal before the apex court, Atiku filed a 35-ground notice of appeal, stating that the tribunal in the judgment delivered by Justice Haruna Tsammani “committed a grave error.”

The Notice of Appeal filed by Atiku’s lead counsel, Chris Uche, SAN, prayed 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”.

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Amongst others, the former Vice President maintained that the Tribunal erred in law when it failed to nullify the presidential election on the grounds of non-compliance with the Electoral Act, of 2022, when by the evidence before the tribunal, the Independent National Electoral Commission 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.”

He said presenting forged documents by any candidate is a grave constitutional issue that must be discouraged.

“Presenting forged documents by any candidate, especially by a candidate for the highest office in the land, is a very grave constitutional issue that must not be encouraged,” he said.

Tinubu, however, had urged the Supreme Court to dismiss the application, describing it as a crass abuse of court processes.

But in his response on the point of law, Atiku urged the court to jettison technicality and grant his application.

He argued that the issue of merit ought not to be determined or pronounced upon at the interlocutory stage.