The Supreme Court had dismissed the appeal by former Vice President and Presidential candidate of the Peoples Democratic Party, Alhaji Atiku Abubakar, seeking to nullify the February 25 presidential election of President Bola Tinubu.
In the notice of appeal, Atiku had urged the apex court to dismiss and set aside the September 6 judgement of the Presidential Election Petition Court, which affirmed the victory of Tinubu.
A seven-man panel of Justices led by John Okoro, in determining the first issue for determination, held that failure to transmit election results electronically did not affect the outcome of the election and could not warrant the nullification of presidential election.
The apex court also stated that Atiku did not produce alternative results of the presidential election that showed he won majority number of votes cast to rebuff the one declared by INEC.
The court resolved all the seven issues distilled for determination in favour of Tinubu, stating that the appeal lacked merit.
The apex court thrashed all the grounds of appeal of Atiku and PDP on qualification, non-compliance with the Electoral Act, the 25% votes in FCT, and electoral malpractices.
“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,” Justice Inyang Okoro said in dismissing Atiku’s appeal.
“The judgment of the court below delivered on September 6th, 2023 affirming the election of the second respondent as the duly elected President of the Federal Republic of Nigeria is hereby affirmed.”
It listened to Obi’s appeal for about five minutes. In dealing with the LP’s presidential candidate on the issue of double nomination of Vice-President Kashim Shettima, the court held that the issue had been dealt with in its ruling on May 26.
“As for issue Number 4 which has to do with double nomination which was not in Atiku’s appeal, it is the view of this court that this issue having been dealt with by this court, this court cannot allow the matter to be re-litigated in this very court.
“There must be an end to litigation,” Okoro held.
