For litigants in the 2023 presidential election dispute, the last word will be heard from the Supreme Court this morning. The seven-member panel of the justices of the apex court, led by Justice John Okoro, will rule in the appeal filed by the Peoples Democratic Party (PDP), the Labour Party and their respective presidential candidates – Alhaji Atiku Abubakar and Mr. Peter Obi – against the election of the candidate of the All Progressives Congress (APC), Asiwaju Bola Tinubu.
The legal journey started at the Court of Appeal, which constituted a five-member Presidential Election Petition Court (PEPC), led by Justice Haruna Tsammani, ruled in favour of APC and President Tinubu on 6th September.
Unsatisfied, the PDP, Labour Party, and the Allied Peoples Movement (APM) and their candidates filed appeals at the Supreme Court, which however dismissed that of the APM on the ground legal challenge against Tinubu’s running mate had been resolved in his favour by the Supreme Court in an earlier suit.
Other members of the Supreme Court panel are: Justice Uwani Musa Abba-Aji, Justice Mohammed Lawal Garba, Justice Ibrahim Saulawa, Justice Adamu Jauro, Justice Tijjani Abubakar and Justice Emmanuel Agim.
At the sitting of the Supreme Court panel on Monday, Justice Inyang Okoro announced that judgement was reserved after counsels to the parties adopted their briefs of argument and made final submissions.
The apex court also took arguments from lawyers to parties on the motion filed by Atiku to supply fresh evidence on forged documents.
Counsel to Atiku, Mr. Chris Uche, a Senior Advocate of Nigeria (SAN), urged the court to grant the motion and allow their appeal, grant the prayers sought, and disqualify Tinubu.
Counsel to the respondents, Mallam Abubakar Mahmoud (SAN), for the Independent National Electoral Commission (INEC); Chief Wole Olanipekun (SAN) for President Tinubu; and Mr. Akin Olujinmi (SAN) for APC) urged the court to dismiss both the motion and appeal for lacking in merit.
The leadership of the ruling APC, and the two leading opposition parties – PDP and Labour Party – have however expressed confidence that they would secure victory at the Supreme.
APC’s Director of Publicity, Mallam Bala Ibrahim said the apex court would affirm Tinubu’s victory, given the evidence before the court.
“Certainly, we are still sure of victory. In fact, our optimism is even stronger now because all the facts presented that day was in our favour. We are very confident of the integrity of the justices of the Supreme Court and we have no doubt in our mind that there is nothing to give us any iota of doubt with regards to getting justice tomorrow (Thursday)”, he said .
But the National Legal Adviser of Labour Party, Mr. Kehinde Edun said the party’s candidate, Obi, would emerge victorious.
Edun said: “We are expecting victory. We have presented our case before the court and even at the Court of Appeal, we have tabled fresh facts. Don’t mind all these talks that the law cannot accommodate fresh evidence. Which law says that?
“If something has happened and you want justice, if there is still time, we will put in everything we want to add. So, we are confident we will get victory for Nigerians and the Labour Party”.
PDP’s Deputy National Publicity Secretary, Alhaji Ibrahim Abdullahi urged the Supreme Court to see beyond narrow considerations in its judgement.
He said: “We are appealing to their conscience to see beyond the narrow considerations that have characterised the way the judiciary has acted in recent times. That is approbating and reprobating at the same time. It is important to know that there is a country that we are bequeathing to our children and grandchildren yet unborn.
“If we have decided to say the crop office comes with a fraudulent judgment that we have seen lately and give that kind of priority over the expectations that the country has on them, then it will be unfortunate”.
