By Daniel Edu
October 20, 2023
Supreme Court
The legal battle to challenge President Bola Tinubu’s election victory will resume at the Supreme Court on Monday. The apex court has scheduled a hearing for the election petition appeal filed by former Vice-President Atiku Abubakar, who was the People’s Democratic Party’s presidential candidate in the February election.
In a notice issued to the concerned parties on Thursday, Supreme Court Registrar Zainab Garba announced that the proceedings for Atiku’s appeal would take place before the Supreme Court sitting in Abuja on October 23. The notice stated, “Take notice that the above appeal/motion will be listed for hearing before the Supreme Court of Nigeria sitting at Abuja on Monday, October 23, 2023.”
Dr. Festus Akande, the Supreme Court Director of Information, also confirmed that Atiku’s election appeal was scheduled for Monday.
This notification coincided with the House of Representatives expressing concerns about the workload at the Supreme Court. The Supreme Court currently has 11 justices, which falls short of the 21 justices required by Section 230(2) of the 1999 Constitution.
The House of Representatives passed a resolution urging the Federal Government to appoint new justices to the Supreme Court to ensure efficient justice delivery in the country. The resolution stemmed from a motion of urgent public importance put forward by Patrick Umoh, representing Ikot Ekpene Federal Constituency, Akwa Ibom State.
The motion, titled “Urgent need for the Federal Government to appoint new justices to the Supreme Court to ensure expeditious and effective justice delivery in the country,” highlighted the importance of a full complement of justices for the Supreme Court to function effectively.
Atiku, who finished second in the election, initially challenged the results at the presidential election tribunal, seeking to nullify the victory of President Tinubu, declared the winner by the Independent National Electoral Commission. However, the tribunal dismissed Atiku’s petition, upholding President Tinubu’s electoral win.
Dissatisfied with this outcome, Atiku and his running mate, Peter Obi, appealed the decision to the Supreme Court. Atiku’s appeal, consisting of 35 grounds, questioned various aspects of the tribunal’s ruling, including electronic transmission of results and President Tinubu’s qualification for the election.
In addition to the appeal, Atiku also sought permission from the Supreme Court to introduce President Tinubu’s academic records from Chicago State University as “fresh and additional evidence” to support his challenge. Atiku had raised concerns about the authenticity of the President’s academic credentials submitted to the Independent National Electoral Commission.
President Tinubu’s legal team confirmed their readiness to appear at the Supreme Court for the hearing of the appeals, emphasizing that the Supreme Court does not hold pre-hearing sessions for appeals. They also expressed their commitment to presenting all necessary documents on behalf of their client.
The Nigerian Bar Association and the Supreme Court have both supported the House of Representatives’ call for the appointment of additional Supreme Court justices. The Supreme Court Director of Information, Dr. Akande, highlighted the court’s urgent need for more justices to reach its full complement of 21 seats. Legal experts have echoed this sentiment, emphasizing the importance of promptly addressing the shortage of justices to maintain the court’s effectiveness and prevent overworking the current justices.
