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Supreme Court dismisses Atiku, Obi’s appeal, affirms Tinubu’s election

by Alade Abayomi Adeleke
December 1, 2023
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All six members of the panel of the Supreme Court, on Thursday, unanimously agreed with the lead judgement delivered by John Okoro, dismissing Atiku Abubakar and Peter Obi’s appeal challenging the judgement of the Presidential Election Petition Tribunal.

While Atiku, a former vice president was the Peoples Democratic Party presidential candidate, Obi, a former Anambra State governor, was the Labour Party flagbearer during the February 25, 2023, presidential poll won by President Bola Tinubu of the All Progressives Congress.

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The members of the panel also agreed with Okoro to reject the application of Atiku seeking to present Tinubu’s credentials obtained from the Chicago State University.

The other justices on the panel are Uwani Aji, Mohammed Garba, Ibrahim Saulawa, Adamu Jauro, Abubakar Tijjani, and Emmanuel Agim.

Salawa Ibrahim said, “The application by Atiku is frivolous and vexatious and deserves to be dismissed. I find no merit in the appeal and dismiss and I affirm the decision of the lower court.”

Agim said, “I agree with the reasoning if the decision the fresh evidence is not authentic stated by the authority before it was presented. It was not sealed or had the signature. It cannot be used in Nigeria without authentication.

“I agree to why. It was obvious to all including those that brought it. The FCT violates the Fundamental principle of the interpretation of the Constitution and it must be interpreted in a way that provides equality. The parties should bear their cost.”

The court held that the issues raised by Obi had been dealt with in the Atiku’s appeal and that the issue of double nomination ought not to have been brought before the court.

The other justices on the panel agreed with the lead judgment.

The PEPT last month rejected both Atiku and Obi’s petitions, including allegations of fraud, violations by the Independent National Electoral Commission 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 CSU as a qualification to the election commission when he applied to run for office.

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