The Supreme Court has fixed Monday, October 23 to hear the appeal of the People’s Democratic Party (PDP) Presidential Candidate, Atiku Abubakar, challenging the judgment of the Presidential Election Tribunal that upheld the victory of President Bola Tinubu in the February 25 poll.
The apex court’s Registrar, Zainab Garba, issued a circular on Thursday, intimating legal representatives of both parties that the appeal has been listed for hearing on Monday.
It said:”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.
“And further take notice that in accordance with Order 2 Rule 1(2) of the Supreme Court Rules 1985, as amended, this NOTICE is deemed sufficiently served on you if it is left at your address of service or sent by registered post and since the date of service by post is material, Section 26 of the Interpretation Act, 1964 shall apρly.”
Atiku, in a Notice of Appeal predicated on 35 grounds, insisted the tribunal’s judgment delivered by the five-man panel headed by Justice Haruna Tsammani was a “grave error and miscarriage of justice.”
The notice, filed by Atiku’s lead counsel, Mr Chris Uche (SAN), is urging the Supreme Court to set aside the entire findings and conclusions of the tribunal, saying they did not represent a true picture of the grounds of his petition.
Atiku wants the court to grant his appeal and also set aside the decision of the lower, which affirmed Tinubu’s victory.
He urged the court to declare that Tinubu did not secure majority of lawful votes cast during the presidential election.
In addition, the former Vice-President asked the court to hold that Tinubu was not qualified to vie for Nigeria’s presidency at the time he did, on account of his conviction in the United States for alleged drug trafficking.
He also applied to the Supreme Court to file fresh evidence obtained from the Chicago State University against the President.