The Supreme Court on Monday reserved judgment in the appeal by Alhaji Atiku Abubakar , the Peoples Democratic Party (PDP) and Mr. Peter Obi and the Labour Party (LP) against the 6 September 2023 judgment of the Presidential Election Petition Court (PEPC) which affirmed the victory of President Bola Ahmed Tinubu in the last presidential election.

A seven-member panel of the court, led by Justice John Okoro made the announcement after counsels to the PDP and LP adopted their briefs of argument and made final submissions.

Other justices on the panel are Justices Uwani Abba-Aji, Mohammed Lawal Garba, Adamu Jauro, Ibrahim Saulawa, Tijani Abubakar and Emmanuel Agim.

The Court, however, dismissed the appeal filed by the Allied Peoples Movement (APM) challenging the nomination of Senator Kashim Shettma as the vice presidential candidate of the All Progressives Congress (APC) in the last presidential election.

Members of the panel had, at the mention of the appeal, noted that it was frivolous because the Supreme Court had, in an earlier case of Peoples Democratic Party (PDP) v. INEC and others, resolved this issue that Shettima was properly nominated.

Justice Okoro pointedly asked APM’s lead counsel, Chukwuma-Machukwu Ume Senior Advocate of Nigeria (SAN) what he thought his client would benefit from the outcome of the case if not only to further overburden the court.

Mr. Umeh had made efforts to distinguish his client’s case from that of the PDP v. INEC and others, but later had a change of mind when Justice Okoro insisted that the appeal lacked any value.

The court, thereafter, dismissed the appeal following an application for its withdrawal by Mr. Ume .

The court also took arguments from lead counsels to parties on the motion filed by the PDP to supply fresh evidence.

PDP’s lead counsel, Chief Chris Uche, SAN urged the court to grant the motion and allow their appeal, grant the prayers sought and disqualify President Tinubu.

Chief Uche (SAN) informed the court of an interlocutory application seeking the leave of the court to present fresh evidence in the appeal.

The fresh evidence Alhaji Abubakar sought to tender are the academic records of President Tinubu, which were handed over to him by the Chicago State University (CSU) on October 2, 2023.

The 32-page document was released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.

The US court had ordered the CSU to release the said documents to Alhaji Abubakar despite President Tinubu’s objection because the court was convinced that it would help Alhaji Abubakar establish his allegation of forgery and lying on oath against President Tinubu.

However, one of the Justices on the panel, Justice Emmanuel Agim told Alhaji Abubakar’s lead counsel that the deposition which he sought to tender as evidence was done in the chamber of counsel to Alhaji Abubakar and not in the court as required by law.

Seeking further clarification, Justice Agim said, “I expected the College to write disclaiming the documents in dispute. Does a stenographer has the legal authority to administer oath. We are dealing with a matter that touches on the national interest of this country”.

In his response, Chief Uche submitted that the legal system in the United States is different from that of English legal system which is practiced in Nigeria and confirmed that the depositions were made in the law chambers of Alhaji Abubakar’s American counsel, with representation by President Tinubu’s American counsel.

Chief Uche insisted that there was no conflicts or dispute over the legality of the depositions.

President Tinubu’s lawyer, Chief Wole Olanipekun raised an objection to the admissibility of the depositions saying such depositions have to be adopted by the individual that deposed to it before it can be admitted as evidence before a court.

In response, Chief Uche argued that such is not the practice in foreign proceedings and clarified that the deposition was not based on a court order to clarify the discrepancies observed in the communication by the Chicago State University.

The presiding Justice, Justice Okoro observed that the issue of conflicting documents from the same institution is a serious criminal act which ought to be proved beyond reasonable doubt.

After hearing the appellants’ motion to admit fresh evidence and the objections by the respondents, the court directed parties to adopt their briefs of arguments on the substantive appeal and thereafter reserved judgment to a date that would be communicated to parties.

Abubakar Mahmoud, Chief Olanipekun and Chief Akin Olujimi, all SAN, who represented INEC, President Tinubu and the All Progressives Congress (APC), listed as 1st to 3rd respondents had, in their preliminary objections urged the court to dismiss the appeal for lacking in merit and misconceived.

In the Mr. Obi and LP appeal, his lead counsel, Dr. Livy Uzoukwu,(SAN), urged the court to allow his client’s appeal.

He prayed the court to set aside the judgement of the Presidential Election Petition Court in Abuja which affirmed President Tinubu’s election on 6 September.

On their part, lead counsels to the respondent’s – Mr. Abubakar Mahmoud, SAN (for the Independent National Electoral Commission(INEC)), Chief Wole Olanipekun, SAN (for President Tinubu) and Chief Akin Olujinmi, SAN (for the All Progressives Congress (APC)) urged the court to dismiss both the motion and appeal for lacking in merit.

Legal luminaries

Chief Wole Olanipekun, SAN, Prof. Mike Ozekhome (SAN), a member of the Atiku Abubakar/Peoples Democratic Party (PDP) legal team; Chief Charles Uwensuyi-Edosomwan, SAN (member of the All Progressives Congress (APC) legal team; Sir Steve Adehi, SAN, of the( Independent National Electoral Commission, INEC, legal team) and Chief Chukwuma Majukwu Umeh, SAN, of the legal team of the Allied Peoples Movement, APM).

Others include Prof Taiwo Osinpitan, SAN; Mallam Yusuf Alli, SAN; Chief Babatunde Ogala, SAN ( of the APC, Tinubu and Shettima team); Chief Chris Chris Uche, SAN; Mr. Gordy Uche, SAN, Chief Emeka Etiaba, SAN ( all of the Atiku/PDP legal team.