Will the Supreme Court Panel to Sit on Atiku, Obi’s Appeal Be 5 or 7 Justices?

Will the Supreme Court Panel to Sit on Atiku, Obi’s Appeal Be 5 or 7 Justices?

Six days gone, the countdown has begun and the Supreme Court would be expected to give judgement in the appeal of Alhaji Atiku Abubakar, his party ,the Peoples Democratic Party (PDP) and Mr Peter Obi, his party, Labour Party (LP) against the judgement of the Presidential Election Petitions Court (PEPC) on or before November 5,2023.

Six days gone, the countdown has begun and the Supreme Court would be expected to give judgement in the appeal of Alhaji Atiku Abubakar, his party ,the Peoples Democratic Party (PDP) and Mr Peter Obi, his party, Labour Party (LP) against the judgement of the Presidential Election Petitions Court (PEPC) on or before November 5,2023.

According to the Electoral Act, the Supreme Court has up to 60 days to deliver judgement on the appeal.

The PEPC had on Wednesday dismissed the two petitions challenging the declaration of President Bola Ahmed Tinubu as the winner of the 25 February,2023 Presidential election describing it as unmeritorious.

But the petitioners, through their lead counsels, Chief Chris Uche Senior Advocate of Nigeria (SAN)for Alhaji Abubakar and Dr. Livy Uzoukwu SAN, for Mr. Peter Obi had informed the Court their client’s intention to challenge the judgement at the Supreme Court.

The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola is expected to constitute a panel of justices to hear the appeal.

According to an Abuja based legal practitioner, Mr. Soji Toki:” Normally, the panel is made up of five Justice , but if there is a constitutional issue, they will be seven. There is a constitutional issue of FCT 25 percent, so they may be seven”.

Unlike in the Court of Appeal where the President of the Court ,Justice Monica Bolna’an Dongban – Mensem , constituted the five man panel of Justices Haruna Tsammani, Chairman,S.J. Adah,M.O Bolaji Yusuf, M.B. Ugo and A.B. Mohammed and excused herself, nothing hinders Justice Ariwoola from joining the seven – man panel of Justices.

For those who think the cost of filling the appeal may further eat deep into the pockets of both Alhaji Abubakar and Mr Obi, a Senior Advocate of Nigeria (SAN) Mr. Bola Aidi said “the cost of filing appellant brief is three hundred Naira naira but with remita and other charges it’s not likely to exceed one thousand Naira.

Mr. Aidi explained further: “The transmission of judgement is with all other documents known as Record of Appeal. The volume of the record determines how much is paid for compilation but official cost of Notice of Appeal is Five thousand Naira”.

Mr. Toki concurred with the submission of the learned silk,Mr. Aidi, stressing that:
“It is not only the judgement that will be transmitted but the Record of Appeal. They will pay for compilation and transmission”.

The appellants are expected to make no fewer than 14 copies of the 798 – page judgements.

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