Nigeria: Legal Battle Between Atiku, Tinubu Begins At Supreme Court Monday

19 October 2023

Abuja — The final legal battle over the number one seat will begin on Monday October 23, following the listing of the appeal filed by the presidential candidate of the People's Democratic Party (PDP), Atiku Abubakar, against the judgment of the Court of Appeal, which affirmed the election of President Bola Tinubu.

The notice of hearing in the appeal number CA/ PEPC/05/2023, was dated October 19 and signed by one of the Supreme Court Registrars, Zainab Garba.

The former vice-president had on September 18, registered his dissatisfaction against the judgment of the Presidential Election Petition Court, which on September 6, dismissed his joint petition with the PDP, for lacking in merit.

The panel had in a unanimous decision held that Atiku as well as other petitioners against the February 25 presidential election were unable to substantiate their allegations against the poll conducted by the Independent National Electoral Commission (INEC).

Specifically, the panel led by Justice Haruna Tsammani in their judgments had held that, the documentary and oral evidences presented before them could not prove claims of irregularities, corrupt practices, non-compliance amongst other claims for which Atiku had asked the court to void Tinubu's election.

Dissatisfied, Atiku who claimed that the lower tribunal erred in law in affirming the outcome of the February 25 poll, in his appeal amongst others asked the Supreme Court to set aside the entire decision of the tribunal.

Atiku, in addition prayed the apex court to after voiding Tinubu's election, declare him as the authentic winner of the poll.

Atiku who came second in the poll, is claiming that he and not Tinubu actually won majority of the lawful votes cast at the election, but the electoral umpire however manipulated the process in favour of Tinubu.

Besides, Atiku had on October 6, filed an application seeking leave of the apex court to bring in fresh and additional evidence of prove that Tinubu stands disqualified from the poll abi nitio, because he violated the Constitution having allegedly presented forged certificate to the Independent National Electoral Commission (INEC), last year.

He had also in his reply on point of law, pleaded with the final court in the land to consider his application in the interest of the country and turned down Tinubu's objection to the granting of the application.

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