The Supreme Court has affirmed Bola Tinubu as president of Nigeria, dismissing the appeal brought against him by the Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar, challenging Tinubu’s victory in the February 25 presidential election. Peter Obi’s appeal was also dismissed for lack of merit.
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The seven judges in the apex court, led by Justice John Iyang Okoro unanimously upheld the Presidential Election Petition Tribunal judgement that upheld Tinubu’s victory while dismissing the case broughy by Atiku, Obi, PDP and LP for lack of merit.
On fresh application to tender application
The court dismissed Atiku’s application to tender fresh evidence against Tinubu.
It said Atiku’s application to tender fresh evidence from Chicago State University against Bola Tinubu is in violation of the Electoral law
Citing Section 182 of the Electoral Act, Justice Okoro said, Atiku failed to apply to the court to amend his petition to bring fresh evidence against Tinubu.
Justice Okoro Supreme Court has no jurisdiction to accept fresh evidence.
It has to be noted that the 180 days imposed is immutable and cannot be extended”, Okoro said.
the implication is that all evidence ought to have been adduced at the trial court and judgment delivered within 180 days
Atiku filed the appeal on the last day of the timeframe allowed to appeal. The 180 days prescribed by the law lapsed on 17 September.
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On 25 percent
The apex court also upheld the ruling of the Presidential Election Petition Tribunal that a candidate does not need 25% votes on the Federal Capital Territory to be declared winmer of the Presidential Election.
“The decision of the PEPC is unasailable. I do not see anything wrong with the decision of the Presidential Election Petition Court when it interpreted the constitution regarding the issue of 25%”, Justice Okoro said.
