The Supreme Court has set aside Thursday, October 26, as the judgment day in the appeals by Atiku Abubakar of the Peoples Democratic Party (PDP) and Peter Obi of the Labour Party (LP).
The Court announced this in a statement signed by its Registrar, Zainab M Garba and dated October 25, 2023.
The Supreme Court’s impending judgment followed the appeals filed against the September 6 judgment of the Presidential Election Petition Court (PEPC), which affirmed the victory of President Bola AhmedTinubu in the February 25 presidential election.
A seven-member panel of the apex court, headed by Justice John Okoro, heard the appeals on Monday and reserved judgment to a date to be communicated to parties which was eventually fixed for tomorrow, Thursday, October 26, 2023.
The Presidential Election Petition Tribunal (PEPT) had on Wednesday, September 6, 2023, dismissed the Petition of the Labour Party’s candidate, Peter Obi seeking the nullification of the election of President Bola Ahmed Tinubu on the ground that he did not win 25 percent of votes in the Federal Capital Territory (FCT)
The Tribunal had also thrown out a suit brought before it by the Allied Peoples Movement (APM) seeking the disqualification of President Bola Ahmed Tinubu and Vice President Kashim Shettima
In dismissing Obi’s petition, the Presidential election Tribunal had ruled that FCT Citizens do not enjoy special privileges ahead of other States of the Federation..
APM had contended that Tinubu and Shettima were not validly nominated to contest the February 25, 2023 Presidential election, arguing that by the combined reading of sections 131(c) and 142(2) of the Nigerian Constitution, 1999, as amended and Section 133 of the Electoral Act, disqualified them from contesting.
The Allied Party had also contended that when Kabiru Masari announced his withdrawal as an All progressives Congress (APC) placeholder on June 24, 2022 to the date Shettima’s name was forwarded to INEC on July 14, 2022, was 21 days which breached Section 33 of the Electoral Act, 2022, which provides for 14 days for the replacement of a candidate for an election.
However, reading the lead judgment, Justice Haruna Tsammani held that the issues brought before the Tribunal are pre-election matters, which ought to have been heard at a High Court.
The judge added that the time frame of 180 days within which to determine the issue had lapsed.
“In Alhassan and others versus Ishaku and others, it was held that an election Tribunal has no jurisdiction on the primary of a political party,” he said.
He said the matters of qualification and disqualification are guided by the provisions of sections 131 and 137(1)(a)(j) of the Nigerian Constitution.
He held that issue complained of was an internal affair of a political party.
The Tribunal in its final judgment on other sundry issues brought before it by the duo of Obi and the presidential candidate of the PDP, Alhaji Atiku Abubakar, ruled the actions as incompetent and lacking in merit and dismissed them.
In summary, the Tribunal had declared that: Senator Kashim Shettima was eligible to contest; that the Fraud Case Against President Tinubu was not proven; that President Tinubu was cleared of Drug- related crimes In the United States of America;; and that residents of Abuja have no special status requiring a candidate to secure 25% votes in FCT to become President.
The Tribunal had also averred that INEC is an independent body empowered by law to choose the method of transmission of election results; evidences by Peter Obi did not prove he won the Presidential Election.; that double nomination case against Shettima was incompetent; and that double nationality case against President Tinubu is dismissed.
All these formed the basis why both Atiku and Obi approached the Supreme Court for adjudication, on which the apex Court will give its final verdict on Thursday, October 26, 2023.
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