By Azimazi Momoh Jimoh, Terhemba Daka, Ameh Ochojila, John Akubo (Abuja), Joseph Onyekwere (Lagos), Ann Godwin (Port Harcourt) and Mansur Aramide (Ilorin) | 27 October 2023 | 3:56 am
Tinubu-President
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• Buhari: Court dismissal of appeal a welcome relief
• PDP: Supreme Court has failed Nigerians
• Executive has hijacked judiciary, legislature, LP fumes
• We’ll resort to masses’ court, says Obi’s spokesman
• Adegboruwa: INEC failed Nigerians
• Electoral jurisprudence not focused on justice, needs review, Amadi says
President Bola Tinubu savoured the thrilling experience of victory yesterday, after the Supreme Court validated his lifelong ambition to lead Africa’s most populous nation.null
The road to yesterday’s victory, which began on January 10, 2022 when he declared his presidential ambition, was laden with many twists and turns that included winning the All Progressives Congress (APC) presidential primary on June 8, 2022, against all odds; enduring a fierce and bitter months-long campaign leading to the February 25, 2023 presidential election and four long nights before he was eventually declared winner by the Independent National Electoral Commission (INEC) on March 1, 2023; and finally the last hurdle, which was the legal battle that saw his challengers crisscross Nigeria and United States courts in the bid to have his election upturned.
Putting a seal to the legal fireworks over the election yesterday, the Supreme Court dismissed the two appeals filed by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, and that of the Labour Party (LP), Peter Obi.
Atiku and Obi separately attacked the judgments of the Presidential Election Petition Court (PEPC), which in a 13-hour-long ruling on September 6, dismissed their petitions instituted against the conduct of the presidential election and its outcome.
Dissatisfied with the judgment of the lower court, Atiku filed a notice of appeal on September 18, followed by Obi’s notice of appeal.
A seven-member panel of justices of the apex court, headed by Justice John Inyang Okoro, commenced delivery of the much-awaited verdict by 9:20a.m. yesterday. The first to be determined was an appeal by Atiku.
At the last proceedings, on Monday, Chris Uche (SAN), who led the legal team of Atiku and PDP, had informed the court of an interlocutory application seeking the leave of the court to present fresh evidence in the appeal. The fresh evidence Atiku sought to tender are the academic records of Tinubu, which were handed over to him by the Chicago State University (CSU) on October 2.
Tinubu’s lawyer, Wole Olanipekun (SAN), raised an objection to the admissibility of the depositions, saying such depositions have to be adopted by the individual that deposed to it before it can be admitted as evidence before a court. Abubakar Mahmoud, Olanipekun, and Akin Olujimi, all SANs, who represented INEC, Tinubu, and APC, in their preliminary objections urged the court to dismiss the appeal for lacking in merit and misconceived.
In the ruling on the motion, the apex court dismissed the motion by Atiku, seeking leave of court to file fresh evidence. Ruling on the motion, Justice John Inyang Okoro, held that a clinical look at the issues formulated by all the parties, it is clear that the argument is whether this court, as presently constituted, has the power to grant the motion.
Justice Okoro held that out of the seven issues distilled by Atiku for determination, none is related or covered forgery, which the appellant is seeking to bring in. “The Constitution does not permit that, and this court has no jurisdiction to grant the filing of fresh evidence that was not pleaded at the PEPC.”
More so, the Supreme Court noted that Atiku did not even deem it fit to file for an amendment of his pleadings and for extension of time, since the 180 days allowed by the Constitution had elapsed since September 17.
“Facts and documents which were not pleaded in the petition have no place in deciding the dispute between the parties. It is my view that there is no merit in this appeal, and it is hereby dismissed,” Justice Okoro ruled.
9ja Update 