The final legal battle over the number one seat will begin on Monday at the Supreme Court of Nigeria, following the listing of the appeal filed by the presidential candidate of the People’s Democratic Party, Atiku Abubakar, against the judgment of the Court of Appeal, which affirmed the election of President Bola Tinubu.
Besides, Atiku is seeking leave of the apex court to bring in fresh evidence of prove that President Tinubu stands disqualified from the poll ab-initio, because he violated the Constitution having allegedly presented forged certificate to the Independent National Electoral Commission (INEC), last year.
The presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar, had last month, registered his dissatisfaction against the judgment of the Presidential Election Petitions Court, which dismissed his joint petition with the PDP, for lacking in merit.
The panel led by Justice Haruna Tsammani, in a unanimous decision had held that Atiku and other petitioners, were unable to substantiate their allegations against the poll conducted by the Independent National Electoral Commission, INEC, and that the oral evidences presented before them could not prove claims of irregularities, corrupt practices, as well as non-compliance for which Atiku had asked the court to void president Tinubu’s election.
Dissatisfied with the judgment of the lower court, Atiku appealed the verdict at the Supreme Court and prayed it to set it aside.
In his 35 grounds of appeal filed by his lead counsel, Chief Chris Uche, former vice-president Atiku faulted the tribunal’s ruling on electronic transmission of results, Tinubu’s qualification for the election, Federal Capital Territory votes, among others.
In his quest to overturn Tinubu’s election, the PDP candidate also sought the Supreme Court’s permission to file the President’s academic records obtained from his alma mater, Chicago State University, as ‘’fresh and additional evidence’’ to support his appeal challenging the outcome of the poll.
An Abuja based legal practitioner, Mr. Ernest Nworie said the Supreme Court could entertain fresh evidence under certain conditions but would need to invoke its powers to admit and act on it as a trial court.
Another Abuja based legal practitioner, Mr. Nnanna Oketa also added that Atiku had the right to amend his petition to plead new facts and depositions but that the 21 days time frame of filing a petition had since elapsed.
Meanwhile, the list of members of the panel to sit on the appeals include justices Musa Dattijo, Uwani Musa, Lawal Garba, Helen Ogunwumiju, Ibrahim Saulawa, Tijjani Abubakar and Emmanuel Agim.
However, one of them, Justice Musa Dattijo would bow out of the Supreme Court bench on Friday, this week, leaving the number of justice of the apex court to 10 as against the required 21 as stipulated by law.
Mr Nnanna Oketa argued that the depletion in the number of justices would not affect the hearing of the appeals.
On his part, Mr Ernest Nworie expressed worry that the worry that the reduction in the number of justices of the apex court would lead to delay and neglect of ordinary cases.
A lawmaker representing Ikot Ekpene Federal Constituency, Akwa Ibom State, Mr. Patrick Umoh, had moved a motion on the urgent need to appoint new justices of the Supreme Court.
In its resolution, the National Assembly urged the Federal Government to appoint nine new justices to the Supreme Court in order to expedite the hearing and determination of matters for effective and efficient justice delivery in the country.
It also mandated its Committee on Federal Judiciary to ensure compliance with the resolution.
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