The three appeals pending before the apex court included that of the candidate of the Peoples Democratic Party , Atiku Abubakar; Peter Obi of the Labour Party and the Allied People's Movement .
The former vice-president had on September 18, registered his dissatisfaction against the judgment of the Presidential Election Petition Court, which on September 6, dismissed his joint petition with the PDP, for lacking merit. Atiku, in addition, prayed the apex court to after voiding Tinubu's election, declare him as the authentic winner of the poll.
In the Notice of Appeal dated September 18, and filed by his lead counsel, Chief Chris Uche, SAN, the former Vice President, submitted that the tribunal erred in law by not taking into cognisance the"Doctrine of Legitimate Expectation" regarding the failure of INEC to conduct the election in accordance with its own guidelines and the Electoral Act, 2022.
Pointing out that the Electoral Act 2022, made the use of Bi-modal Verification Accreditation System and INEC's Results Viewing portals mandatory in the conduct of the 2023 general elections, he added that, INEC through its Chairman, Professor Yakubu Mahmoud, publicly gave guarantees, undertakings, clear and unambiguous representations to candidates and political parties, that polling units results were mandatorily required to be electronically transmitted or transferred directly by the...
"Rather than hold the 1st Respondent as a public institution accountable to the representations that it made pursuant to its statutory and constitutional duties, which created legitimate expectation on the part of the Appellant's, the lower court wrongly exonerated the 1st Respondent of any responsibility by holding that the use of the technological innovations to guarantee transparency was not mandatory.
In another ground of the appeal, Obi and LP argued that the striking out of certain paragraphs of their petition by the court below amounted to a blatant denial of their right to fair hearing and occasioned a grave miscarriage of justice. "The Court below failed to take into account that the Appellants listed the States and specific areas complained about in the Petition. The Appellants also tendered documents in satisfaction of Section 137 of the Electoral Act 2022," they stated.
Source: Law Daily Report (lawdailyreport.net)
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