Abuja, October 19, 2023 – The legal challenge aimed at unseating President Bola Tinubu will proceed at the Supreme Court on Monday, October 23, 2023. The apex court has scheduled a hearing for the election petition appeal lodged by former Vice-President Atiku Abubakar, who was the Peoples Democratic Party’s standard bearer in the February presidential election.
The Supreme Court Registrar, Zainab Garba, issued a notice on Thursday, confirming the hearing of Atiku’s appeal in Abuja. The legal proceedings are set to resume as the battle for the presidential seat intensifies.
The Supreme Court Director of Information, Dr. Festus Akande, has also confirmed that Atiku’s election appeal is on the docket for Monday’s hearing. This development comes as the House of Representatives raises concerns about the Supreme Court’s current workload and staffing.
Presently, the Supreme Court operates with only 11 justices, a stark contrast to the required 21 justices stipulated by the 1999 Constitution. The House of Representatives has passed a resolution calling on the Federal Government to appoint new justices to the Supreme Court in order to expedite justice delivery in the country.
The resolution, which was introduced by Patrick Umoh, the lawmaker representing Ikot Ekpene Federal Constituency, Akwa Ibom State, urges the government to appoint nine new justices to the Supreme Court. This decision aims to ensure more efficient justice delivery in Nigeria.
Atiku initially filed an election petition to challenge the results of the February 25 presidential election, where the Independent National Electoral Commission declared President Tinubu of the All Progressives Congress the winner. However, the tribunal dismissed Atiku’s and his running mate Peter Obi’s petitions, upholding Tinubu’s electoral victory. Dissatisfied with this decision, Atiku and Obi have taken their case to the Supreme Court.
Atiku’s appeal comprises 35 grounds challenging the tribunal’s ruling on various aspects, including electronic transmission of results, Tinubu’s qualification for the election, and Federal Capital Territory votes. Atiku is seeking the Supreme Court’s intervention to set aside the lower court’s judgment.
Furthermore, Atiku is requesting the court’s permission to present the President’s academic records from his alma mater, Chicago State University, as “fresh and additional evidence” in support of his appeal. This evidence relates to allegations of document forgery and the President’s eligibility to run in the election.
Wole Olanipekun SAN, the lead counsel to President Tinubu, has confirmed the hearing of the appeals and emphasized that all necessary documents have been filed on behalf of the President. He has urged the public to await the Supreme Court’s decision on the matter.
Both the Nigerian Bar Association and the Supreme Court have supported the House of Representatives’ call for the appointment of new Supreme Court justices. The NBA welcomes any initiative to fill the vacant positions at the Supreme Court, as it aligns with their longstanding advocacy for a full complement of 21 justices.
Dr. Akande, the Supreme Court Director of Information, expressed optimism that the court would soon attain its full complement of justices and alleviate its current staffing shortage.
The shortage of Supreme Court justices has been viewed as unusual and has raised concerns about overworking the current justices. The House of Representatives’ resolution serves as a reminder of the pressing need to address this staffing issue in the highest court in Nigeria.