“On the whole, having resolved all the issues against the appellant, it is my view that there is no merit in the appeal and it is hereby dismissed,” Justice Inyang Okoro said in dismissing Atiku’s appeal.
The apex court held that Atiku and PDP did not prove that they suffered any miscarriage of justice as a result of the dismissal of their petition by the Presidential Election Petition Court, PEPC.
It described as misconceived and misplaced, Atiku’s contention that Tinubu ought not have been declared winner of the presidential election, having failed to secure 25% votes in the Federal Capital Territory, FCT, Abuja.
The apex court affirmed the position of the PEPC that the FCT does not have a status that is more special than that of the 36 States of the federation.
It further upheld the striking out the evidence of some of the witnesses that testified for Atiku at the PEPC hearing, adding that most of the witnesses gave “inadmissible hearsay” evidence
“The Appellants did not present any evidence to warrant the interference of the findings of the lower court,” head of the apex court panel, Justice Okoro, added.
On the issue that President Tinubu was involved in a drug related case in the USA that led to the forfeiture of $460, 000, the Supreme Court held that Tinubu raised the issue when the Respondents had already filed their process.
It held that the action denied the Respondents the right to fair hearing.
“The ruling of the lower court is unassailable and this court will not interfere,” it held.
The court held that whereas Atiku alleged that the result that was declared by INEC was not accurate, he, however, failed to put forward their perceived rightful result.
It listened to Obi’s appeal for about five minutes. In dealing with the LP’s presidential candidate on the issue of double nomination of Vice-President Kashim Shettima, the court held that the issue had been dealt with in its ruling on May 26.
“As for issue Number 4 which has to do with double nomination which was not in Atiku’s appeal, it is the view of this court that this issue having been dealt with by this court, this court cannot allow the matter to be re-litigated in this very court.
“There must be an end to litigation,” Okoro held.