Supreme Court Dismisses APM’s Appeal Against Bola Tinubu. See reasons
The Supreme Court of Nigeria has dismissed the appeal filed by the Allied Peoples Movement (APM) challenging the judgment of the Presidential Election Petition Court (PEPC) that upheld President Bola Tinubu’s victory.
The verdict was delivered by Justice Inyang Okoro, who led a panel of seven apex court justices. The decision was made after the appellant withdrew the appeal, with the court deeming further proceedings unnecessary.
The APM had appealed to the Supreme Court, arguing that the PEPC had misconceived material facts when it struck out their undefended petition against President Tinubu’s victory.
Their key contention was that the withdrawal of Kabiru Masari from the presidential race automatically invalidated Mr. Tinubu’s candidature as the All Progressives Congress (APC) presidential candidate. Masari was initially named as Mr. Tinubu’s running mate before Vice President Kashim Shetima replaced him.
Chukwuma-Machukwu-Ume, SAN, the counsel for APM, stated that the PEPC’s decision was incorrect and requested that the lower court’s ruling be set aside.
The PEPC had originally dismissed APM’s petition based on pre-hearing motions filed by the Independent National Electoral Commission (INEC), APC, and Mr. Shettima.
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APM’s argument was grounded in the belief that Mr. Tinubu was not qualified to contest the presidential election under Section 134(1)(a) of the Electoral Act, 2022, at the time of the election.
Despite their legal arguments, the panel of Supreme Court justices was unanimous in their decision to dismiss the appeal, asserting that it had already been pronounced upon and that pursuing it further would be a “waste of the precious time of the court.
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Justice Okoro, the presiding justice, explained, “You are not asking us to make your candidate the president if your appeal succeeds. You just want to state the law and go home without benefit. We have other appeals that are substantial, and withdrawing this appeal will help reduce the workload on us. We have read the appeal and are unanimous that it is a non-issue, having been pronounced upon by this court.”
This decision marks the conclusion of a legal battle that has spanned several stages of the judicial system, ultimately affirming President Bola Tinubu’s victory in the presidential election.