Challenging the recent verdict from the Presidential Election Petition Court, Alhaji Abubakar Atiku, the presidential candidate of the Peoples Democratic Party (PDP), has taken his case to the highest judicial authority in Nigeria, the Supreme Court.
Atiku seeks to nullify the judgment that upheld the victory of Bola Ahmed Tinubu as the winner of the 2023 presidential election, which was rendered on September 6.
Atiku's Notice of Appeal, consisting of 35 grounds, asserts that the Presidential Election Petition Court, in a judgment delivered by Justice Haruna Simon Tsammani, made critical errors and miscarriages of justice in its findings and conclusions regarding Atiku's petition challenging the declaration of Tinubu as President by the Independent National Electoral Commission (INEC).
The Notice of Appeal, filed by Atiku's lead counsel, Chief Chris Uche, SAN, implores the Supreme Court to set aside the entirety of the Tribunal's findings and conclusions. According to Atiku's legal team, these findings do not accurately reflect the grounds outlined in his original petition.
At the core of Atiku's appeal is the contention that the Tribunal made a legal error by failing to invalidate the presidential election held on February 25, 2023. Atiku claims that INEC conducted the election in clear violation of the Electoral Act of 2022, citing substantial evidence of grave and gross misrepresentation.
Atiku's argument is further bolstered by the "doctrine of legitimate expectation," which he believes should be considered in this case.