The Supreme Court on Thursday affirmed the election victory of All Progressive Congress (APC) presidential candidate, Bola Ahmed Tinubu, by dismissing the appeals of the Peoples Democratic Party (PDP) candidate, Atiku Abubakar and his Labour Party (LP) counterpart Peter Obi for lacking merit.
The judgement that Justice John Inyang Okoro delivered for the seven-man panel upheld the judgement of the Presidential Tribunal Court and dismissed the appeal against Tinubu by opposition parties on claims of fraud, electoral law violations, and ineligibility to run as president.
Noting that Atiku and Peter Obi had similar appeals, the Supreme Court Panel ruled unanimously.
“In the appeal by LP/ Peter Gregory Obi against the election of Bola Ahmed Tinubu of APC, the Supreme Court holds that the issues are similar and have already been resolved in the Appeal of Atiku Abubakar/PDP against Bola Ahmed Tinubu of APC and the only issue not covered is that of double nomination, which has been resolved in a previous Judgement and cannot be opened. Therefore, the appeal is dismissed for lack of merit.”
The appeals summarised that Tinubu’s election be overturned because the electoral commission failed to electronically transmit results from polling stations to an online portal, undermining their authenticity.
Justice Okoro pronounces: “When IReV fails, it does not stop the collation of the results. It deprives people of viewing results. The non function will affect the trust of the electorates in the election.
“Unavailability of IReV cannot be grounds for the election to be nullified.
“The failure did not affect the outcome of the election. The issue is resolved against the appellants. “
They also appealed that Tinubu’s election be upturned for failing to secure 25% of the vote in the federal capital, Abuja.
“It is basic that the court should give a holistic Interpretation to statutes to save the generality of the people and not a select few, thus in interpreting the requirements to be declared elected president, the court holds that 25% votes are not required for FCT, ” Justice Okoro declared.
The court also rejected Atiku’s bid to introduce new evidence to prove that Tinubu had submitted a forged university certificate to INEC.
“Since the lower court has no jurisdiction to allow fresh depositions, this court also cannot allow tendering of fresh and additional depositions, ”the Court ruled.
The Supreme Court Justice Inyang Okoro declared, “On the whole, having resolved all the issues against the appellant, it is my view that there is no merit in the appeal, and it is hereby dismissed. ”
