By Kamil Opeyemi
President Bola Tinubu has asked the Supreme Court to dismiss the appeal filed by former Vice President Atiku Abubakar and the Peoples Democratic Party (PDP) challenging his victory in the 2023 presidential election.
The President described the appeal as abusive in nature and prayed for its dismissal.
The President insisted that the PDP presidential candidate (Atiku) and his party failed to prove all their allegations and submissions at the Tribunal.
Tinubu submitted that the tribunal was correct in arriving at its verdict and affirming his election.
He described Abubakar’s application granted at the US court as “alien” to the pending appeal before the supreme court.
“Appellants’ submission under paragraph 6.45 of their brief further expose the entire attitude of the appellants before the lower court, that is, the attitude of first filing a petition and then fishing for evidence during the pendency of the petition and even up to the point of appeal to this honourable court,” the president said.
“Without prejudice to our objection to this issue, we submit that the arguments regarding a purported ‘Case No. 1:23-CV05009-th Re Application of Atiku for an Order Directing Discovery from Chicago State University…’ is alien to this proceedings, does not arise from the record or the judgment of the lower court and cannot be countenanced by this honourable court and we urge the court to so hold.
He urged the apex court to affirm the decision of the lower court while dismissing the appeal in its entirety, as the same is lacking in merit and bona fide.
“In the final analysis, it is our humble prayer that this honourable court resolves this issue in favour of the respondents and against the appellants.”
Atiku and the PDP had filed a petition challenging the outcome of the presidential election which was held on February 25, 2023.
The petitioners, among several other issues raised, alleged that the election was marred with irregularities and substantial non-compliance with the Electoral Act.
They also alleged that Tinubu and his vice, Kashim Shettima, were not qualified to contest and did not win the election by the majority of lawful votes cast.
The Presidential Election Petition Tribunal, in its judgment on September 6, however, held that Atiku failed to prove all the averments in his petition.
The PDP candidate subsequently filed an appeal before the apex court on September 18, 2023.
In the 35 grounds notice of appeal, the appellants submitted that the Tribunal’s findings were done with “grave errors and gross misrepresentation” which resulted in a miscarriage of justice.
Consequently, the appellants are praying for the Supreme Court to set aside the entire findings and conclusions of the tribunal.