The Supreme Court has announced Monday, October 23, 2023, as the date to commence the hearing of the petition filed by the presidential candidate of the Peoples Democratic Party (PDP) in the 2023 election, Atiku Abubakar, against the victory of President Bola Tinubu in the poll.
The Supreme Court Registrar, Zainab Garba, made the announcement via a notice issued to the parties on Thursday, October 19.
Garba stated: “Take notice that the above appeal/motion will be listed for hearing before the Supreme Court of Nigeria sitting at Abuja on Monday, October 23, 2023.
“And further take notice that in accordance with Order 2 Rule 1(2) of the Supreme Court Rules 1985, as amended, this notice is deemed sufficiently served on you if it is left at your address of service or sent by registered post and since the date of service by post is material, section 26 of the Interpretation Act, 1964, shall apply.”
Atiku, a former Vice President, had approached the Supreme Court to nullify the judgement of the Presidential Election Petition Court which upheld the victory of President Tinubu in the 2023 presidential election.
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The PDP presidential standard-bearer, in the Notice of Appeal predicated on 35 grounds, insisted that the tribunal in the judgement delivered by Justice Haruna Tsammani on September 6 committed a grave error and miscarriage of justice in its findings and conclusion in the petition challenging the declaration of Tinubu as president by the Independent National Electoral Commission (INEC).
The Notice of Appeal filed by Atiku’s lead counsel, Chris Uche, SAN, is praying the apex 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.
Atiku stated that the tribunal erred in law when it failed to nullify the February 25, 2023, presidential election on the grounds of non-compliance with the Electoral Act, 2022, “when by evidence before the tribunal, 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.”
Tinubu, however, asked the Supreme Court to dismiss the appeal filed by Atiku and the PDP for lacking merit.
