The Supreme Court has dismissed the appeal of former Vice President Atiku Abubakar and affirmed the ruling of the Presidential Elections Petitions Tribunal that upheld the victory of President Bola Ahmed Tinubu of the All Progressives Congress as the winner of the February 25, 2023.
The seven-man panel led by Justice Inyang Okoro held that the appeal was lacked merit and “is hereby dismissed”.
Atiku, the presidential candidate of the Peoples Democratic Party (PDP), had appealed the judgement of the tribunal on seven grounds.
The apex court had earlier dismissed Atiku’s application to file fresh evidence against President Bola Tinubu.
Atiku had asked the court to allow him file the evidence obtained from Tinubu’s record at Chicago State University.
The PDP Presidential Candidate had argued that Tinubu submitted forged documents to the Independent National Electoral Commission (INEC).
But Tinubu objected on the grounds that Atiku made the plea outside the 180 days stipulated period.
In his ruling on Thursday, Justice Okoro, the chairman of the 7-man panel, said the time allotted to election petitions is fixed like the “Rock of Gibraltar” that cannot be extended or expanded.
“It has to be noted that the 180 days imposed is immutable and cannot be extended… Election petitions are sui generis and have their own peculiarities… the court below lost its jurisdiction to determine any matter concerning the petition after the 180 days which expired on September 17. This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.”
“No amendment can be made introducing new facts not contained in the election petition as stated in section 132(7) of the Electoral Act. This application clearly runs foul of the Electoral Act.”
