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S’Court to hear Atiku’s appeal against Tinubu on Monday

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The Supreme Court has scheduled Monday, October 23, as the date for delivering its judgment on the appeal filed by Atiku Abubakar, the Presidential Candidate of the Peoples Democratic Party, challenging the decision of the Presidential Tribunal that upheld President Bola Tinubu’s victory.

The notice of hearing in the appeal number CA/ PEPC/05/2023 dated October 19 was signed by one of the Supreme Court Registrars, Zainab Garba.

In the February 25 election, the Independent National Electoral Commission declared Bola Tinubu the winner. Atiku filed a 35-ground notice of appeal, asserting that the tribunal’s judgment committed a serious error.

Atiku’s lead counsel, Chris Uche, SAN, submitted a Notice of Appeal to the Supreme Court, requesting the court to set aside the entire findings and conclusions of the Tribunal, contending that they did not represent the true grounds of his petition.

Among his claims, the former Vice President argued that the Tribunal made a legal error by failing to nullify the presidential election due to non-compliance with the Electoral Act of 2022, based on the doctrine of legitimate expectation.

Atiku also emphasized the importance of discouraging the presentation of forged documents by any candidate, especially one vying for the highest office in the land.

He stated, “Presenting forged documents by any candidate, especially by a candidate for the highest office in the land, is a very grave constitutional issue that must not be encouraged.”

Tinubu, on the other hand, urged the Supreme Court to dismiss the application, deeming it a misuse of court processes.

In his response on the point of law, Atiku urged the court to set aside technicalities and grant his application, stressing that the issue of merit should not be determined at the interlocutory stage.

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