Supreme Court to commence hearing of Atiku’s appeal against Tinubu Monday
The Supreme Court has announced it’s readiness to commence hearing on the appeal filed against President Bola Ahmed Tinubu by the presidential candidate of the Peoples Democratic Party, PDP, Atiku Abubakar.
In a notice by the Supreme Court’s registrar Zainab Garba, on Thursday, the apex court said Atiku’s appeal had been listed for hearing on Monday, October 23, 2023.
The statement read, ”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.”
Recall that Atiku, who came second in the February 25 presidential election in Nigeria, had approached the presidential election tribunal to nullify the election, in which the Independent National Electoral Commission declared Bola Tinubu the winner.
However, following the tribunals’ dismissal of Atiku’s petition for lack of merit, the PDP presidential candidate who said that he was not satisfied with the lower court’s verdict, filed an appeal before the Supreme Court.
Amongst several others, Atiku is challenging the victory of President Tinubu for not securing 25 percent of votes cast in the federal Capital Territory, FCT, Abuja, which he and his legal counsels argue is mandatory according to the constitution.
Also, Atiku is challenging Tinubu’s eligibility to contest for the highest political office in the country as he claims Tinubu has a track record of convictions on drug charges in the United States.
Atiku is also challenging the validity of the Academic records submitted to the Independent National Electoral Commission, INEC by President Bola Ahmed Tinubu stating that the documents were forged and does not reflect the ideal educational qualifications of the president.
Sequel to filing an appeal at the Supreme Court, the PDP presidential candidate had approached a US court where he obtained a court order on the Chicago State University, CSU, where Tinubu claims to have graduated from, to release the president’s original academic records.
Recall that prior to the court order, Atiku’s first attempt at obtaining Tinubu’s documents were marred as the president also quickly applied to a US court praying the court to stop CSU from publishing his details.
However, an eventual judgement by Judge Nancy Maldonado of the Northern disctrict Court of Illinois dated Saturday, 30 September, 2023, overruled President Tinubu’s objections to Atiku Abubakar’s plea before the court and ordered the defendant, CSU to publish Tinubu’s academic records to prove claims that he (Tinubu) attended and graduated from the institution.
Judge Maldonado held that Atiku Abubakar is entitled to the production of the documents and testimony that he seeks from the CSU while emphasizing that it is in no way, taking sides with any of the parties thereby, expressing no views on Atiku’s claims and challenges against President Tinubu and his graduation from CSU or the validity of Nigeria’s 2023 presidential elections result but finds validity in Atiku’s narrow question before it.
The jury was reported to have also held that any request for stay of this judgement from Tinubu will be denied.