Atiku, Obi insist on nullification of Tinubu’s victory, head to apex court
…Tribunal made grave error – Atiku
…As Obi presents 50 grounds of appeal against Tribunal judgement
Dissatisfied with the decision of the Presidential Election Petition Court (PEPC), the candidate of the Peoples Democratic Party (PDP), Alh. Atiku Abubakar and his Labour Party (LP) counterpart, Mr. Peter Obi have filed an appeal at the Supreme Court to present their case against the outcome of the February 25 presidential election in efforts to nullify the victory of President Bola Tinubu as declared by the Independent National Electoral Commission (INEC).
Recall that the decision of the Presidential Election Petition Court (PEPC) on September 6 upheld the victory of Tinubu as declared by INEC was rejected by the duo and their parties.
They had both declared resolve to explore the Supreme Court as the court of last resort, expressing hope the apex court would set aside the decision of the PEPC.
Atiku had while rejecting the decision of the Tribunal Court, said the judgement failed to restore confidence.
While addressing a world press conference on the heels of the tribunal verdict at the PDP headquarters in Abuja, the former Vice President had said, “Though the judgement of yesterday (September 06, Wednesday) is respected, it is a judgement I refuse to accept. I refuse to accept the judgement because I believe it is bereft of substantial justice.”
Atiku who said he was not new to legal battle and would continue to explore the judiciary for justice, had said, “However, the disappointment in the verdict of the court can never destroy my confidence in the judiciary.
“Consequently, I have asked my lawyers to activate my constitutionally guaranteed rights of appeal to the higher court, which in this instance, is the Supreme Court of Nigeria.
“The last presidential election in our country and the way it was managed by the electoral umpire, the Independent National Electoral Commission, leaves behind unenviable precedents, which I believe the courts have a duty to redress,” he added.
On his part, Obi has vowed not to relent in his quest to seeking justice, as he said he would appeal the verdict of the Tribunal Court.
Obi at a press conference in Onitsha, Anambra State, on the heels of the five-man panel judgment led by Justice Haruna Tsammani said, “As petitioners in this case, we respect the views and rulings of the Court, but we disagree with the Court’s reasoning and conclusions in the judgment it delivered. It is my intention as a presidential candidate and the intention of the Labour Party to challenge this judgment by way of appeal immediately, as allowed by the Constitution of the Federal Republic of Nigeria.
“The PEPC has rendered its judgment, but that esteemed body is not the final arbiter. The responsibility now falls on the Supreme Court. I do know that judgment is not coterminous with justice. I implore Nigerians to remain focused, steadfast, and peaceful; abide by the rule of law, and understand that this matter has not reached its logical conclusion.
“Our legal team has already received our firm instruction to file an appeal against the decision. I shall not relent in the quest for justice, not necessarily for myself but indeed for our teeming supporters all over the country whose mandate to us at the polls was regrettably truncated by INEC.”
Keeping to their resolve, Atiku and Obi have both appealed the judgment of the Tribunal Court which affirmed the election of the President, Bola Tinubu.
…Tribunal made grave error — Atiku
On his part, the former Vice President on Tuesday in a 35-ground notice of appeal stated 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, is praying 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.
Amongst others, the former Vice President maintained that the Tribunal erred in law when it failed to nullify the presidential election held on February 25, 2023, on the grounds of non-compliance with the Electoral Act, 2022, when by the evidence before the Tribunal, the INEC 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.”
…Obi presents 50 grounds appeal against Tribunal judgement
On his Obi has appealed against the tribunal judgement on 50 grounds notice of appeal filed by his lead counsel, Dr. Livy Uzoukwu, SAN, challenging the decision of the Tribunal Court.
The notice of appeal partly read, “Take notice that the Appellants being dissatisfied with the decisions in PETITION NO: CA/PEPC/03/2023 MR. PETER GREGORY OBI & ANOR. v. INDEPENDENT NATIONAL ELECTORAL COMMISSION & ORS. (consolidated with Election Petition Nos: CA/PEPC/04/2023 and CA/PEPC/05/2023), contained in pages 3-327 of the Judgment of the Court of Appeal sitting as the Presidential Election Petition Court, Holden at Abuja, Coram: H. S. Tsammani, Stephen Jonah Adah, Misitura Omodere Bolaji-Yusuff, Boloukuroma Moses Ugo and Abba Bello Mohammed, JJ.C.A. (‘the Court below’) delivered on the 6th day of September 2023, and more particularly stated in paragraph 2 of this Notice of Appeal, do hereby appeal to the Supreme Court on the Grounds set out in Paragraph 3 and will at the hearing of the appeal seek the Reliefs sought in paragraph 4 herein.”
