The Supreme Court is delivering judgment on the appeals filed to challenge the Presidential Election Tribunal Court’s (PEPC) verdict that upheld Bola Tinubu’s victory in the February 25 2023 election.
Peter Obi of the Labour (LP) and Atiku Abubakar of the Peoples Democratic Party (PDP) filed the appeals after the PEPC judgment.
Thank you for following our live updates as the Supreme Court delivered judgment on Obi and Atiku’s appeals against President Tinubu’s victory.
12:20 p.m.: In his reaction, the Chief of Staff to President Femi Gbajabiamila said the victory means a beginning of governance. He is asking the opposition to join the president in moving the country forward.
12:15 pm: The Supreme Court has now dismissed Atiku and Obi’s appeal for lacking in merit. It therefore upheld Bola Tinubu’s victory in the 2023 presidential election.
12: 11 p.m.: The Supreme Court also dismissed Obi’s appeal against Tinubu On double nomination.
11:37 am: The Supreme Court has upheld Tinubu’s victory.
“On the whole, having resolved all the issues against the appellant, it is my view that there is no merit in the appeal and it is hereby dismissed,” Justice Inyang Okoro said.
“The judgment of the court below delivered on September 6th, 2023 affirming the election of the second respondent as the duly elected President of the Federal Republic of Nigeria is hereby affirmed.”
11: 36 a.m.: Supreme Court dismisses Atiku’s Appeal challenging the Judgement of the Presidential Election Petition court, for lacking in merit.
11:10 am: Justice Okoro also said the testimonies of Atiku and Obi’s state collation officers are merely hearsays.
According to him, it was impossible for the testifiers to be in all parts of their states at the same time to prove their case that there was electoral fraud.
10: 54 a.m. 25% votes: The Supreme Court upholds the Appeal Court’s ruling on FCT
Justice Okoro said the decision of the Appeal Court is unassailable.
10:45 am: On the petition seeking to nullify Tinubu’s election on non-compliance with the electronic transmission of results, the Supreme Court ruled:
a. When IREV fails, it does not stop the collation of results
b. The non-function of IREV does not reduce voters’ confidence
10:30 am: On these grounds, Justice Okoro said the application is hereby dismissed and refused.
10:29 am: He said Atiku failed to convince the Supreme Court why he waited until the PEPC concluded the appellant’s suit. Justice Okoro said Atiku’s lawyers were tardy and not diligent in obtaining the documents from CSU.
10:24 am: Justice Okoro noted that Atiku’s attempt to introduce fresh evidence with a view to extend the time to adjudicate the case is unfortunate.
Consequently, he said, since the Presidential Election Petition Court has no jurisdiction to entertain fresh evidence, the Supreme Court has no jurisdiction to accept fresh evidence.
He said it has to be noted that the 180 days imposed is immutable, and cannot be extended.
According to him, on this application, fresh evidence is not received as a matter of cause.
10:20 am: After the expiration of the time limit by the Electoral Act, he said petitioner shall not be allowed to amend their petitions after the 21 days allowed by law.
Citing section 182 of the Electoral Ect, Justice Okoro says Atiku failed to apply to the court to amend his petition to bring fresh evidence against Tinubu.
He says it is shocking to have Atiku’s argument in print knowing how election petitions have suffered delays in the past.
Justice Okoro said it is unfortunate to go back to the dark old days.
10:16 am: He said he has carefully perused the record of appeal. According to him, Atiku filed the appeal on the last day of the time frame allowed to lodge an appeal.
The 180 days prescribed by the law lapsed on 17 September 2023. In the circumstance of this case, he said the case cannot activate Section 22 of the Supreme Court Act to admit fresh evidence.
supreme-court-2-obi-atiku
Obi and Atiku are challenging the Appeal Court’s verdict upholding Tinubu’s win.
He added that jurisdiction is the fulcrum upon which a court’s decisions are based.
For this court to receive fresh evidence, the application runs foul of the evidence act, he said.
10:07 am: He says the jurisdiction of the court is at the foundation of adjudication.
10:01 a.m.: Justice Okoro recalls Chris Uche’s arguments regarding the difficulty in obtaining Tinubu’s academic records from CSU. He says he will start from the beginning which is on jurisdiction.
09:53 am: He says it is crystal clear that the law of Nigeria does not allow anyone to adduce additional evidence on appeal, according to the Lead Counsel to Tinubu, Wole Olanikpekun.
09:49 am: The Justice recounts President Tinubu’s effort to thwart the release of his Chicago State University (CSU) academic documents to Atiku and how the President’s request was overruled by a US Court.
He says Tinubu filed an 11-paragraph counter affidavit to Atiku’s application to tender fresh evidence against the President.
09:33 am: He begins reading the judgment. He is giving a background of the petition/appeal.
He recaps the issues that transpired at the Presidential Election Petition Court in Abuja. The issues include electoral fraud and non-qualification.
One of Atiku’s grounds for challenging the President’s election was that he was not qualified to run for office on account of forged academic documents.
09: 31 am: Justice John Okoro speaking. He prepared the lead judgment and will deliver it.
09:32 am: In attendance at the Supreme Court are the chairmen of the APC and LP, Abdullahi Ganduje and Julius Abure respectively; Minister of the Federal Capital Territory, Nyesom Wike; Chief of Staff to the President, Femi Gbajabiamila; the National Security Adviser, Nuhu Ribudu; the son of the President, Seyi Tinubu among others.
09:23: Lawyers for Atiku, INEC, Obi, APC, and Tinubu announce their appearances.
09:19 am: Members of the Supreme Court panel have filed into the courtroom.
Supreme Court Dismisses Atiku’s Plea To File Fresh Evidence Against Tinubu
