The Supreme Court has scheduled the hearing for the election petition appeal brought by former vice-president Atiku Abubakar, challenging the presidency of Bola Tinubu.
The hearing is set to take place on Monday, October 23, in Abuja, as communicated by the Supreme Court Registrar, Zainab Garba, in a notice issued to the concerned parties on Thursday.
It 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 apply.”
Dr. Festus Akande, the Director of Information for the Supreme Court, additionally verified that the hearing for Atiku’s election appeal is scheduled for Monday.
The announcement coincided with the House of Representatives expressing concerns about the heavy caseload burdening the Supreme Court, which presently operates with 11 justices, falling short of the mandated 21 as outlined in section 230(2) of the 1999 Constitution.
The House of Representatives made a decision to urge the Federal Government to appoint fresh judges for the Supreme Court, aiming to enhance the efficiency of the judicial system in the nation. This resolution was prompted by a pressing public concern motion brought forward by Patrick Umoh, the representative for Ikot Ekpene Federal Constituency in Akwa Ibom State.
In the motion tagged, ‘Urgent need for the Federal Government to appoint new justices to the Supreme Court to ensure expeditious and effective justice delivery in the country,’ Umoh noted that “The Supreme Court of Nigeria is the apex court in the country with the jurisdiction to hear and determine causes and matters across the length and breadth of Nigeria.”
In its resolution, the House urged “The Federal Government to appoint nine new justices to the Supreme Court in order to expedite the hearing and determination of matters for effective and efficient justice delivery in Nigeria.”
The House also instructed its Committee on Federal Judiciary to oversee the implementation of the resolution.
Umoh, prior to the House’s decision, pointed out that the current count of Supreme Court justices had hit a record low of 11, falling significantly short of the Constitution’s requirement of a full roster of 21 justices.
The resolution read,
“This is post-election season where the court has to hear and determine electoral matters from different parts of the country within a short period of time as mandated by the Constitution.
“Aware that the Supreme Court’s docket is full for the year 2023 as parties cannot have hearing date for matters filed within the year, except in election petitions, owing to a considerable volume of matters pending before the court;
“Worried that the non-appointment of new justices to the Supreme Court has stalled expeditious, effective and efficient justice delivery; impeded transactions and economic development; limited citizen’s access to justice; put the current Justices of the court under immense mental and physical pressure; and has affected the policy-making function of the court;
“Commended the President of the Federal Republic of Nigeria for his promise to promote the rule of law and support the judiciary, and his signing into the law the constitutional alteration unifying the retirement age and pension benefits of the judicial officers.”
Atiku, the runner-up in the election, initially approached the presidential election tribunal to challenge the validity of the February 25 election, which saw the Independent National Electoral Commission declare the All Progressives Congress’s Tinubu as the winner. However, the tribunal dismissed the petitions filed by Atiku and Obi, citing their lack of merit and upheld Tinubu’s victory.
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Unsatisfied with this decision, Atiku and Obi appealed to the Supreme Court.
In his appeal, Atiku, represented by lead counsel Chris Uche, SAN, presented 35 grounds challenging the tribunal’s ruling, including issues related to electronic result transmission, Tinubu’s eligibility, and Federal Capital Territory votes. Atiku requested the apex court to overturn the lower court’s judgment.
To bolster his case, the PDP candidate also sought permission from the Supreme Court to introduce the President’s academic records from Chicago State University as ‘fresh and additional evidence.’
Atiku’s application, filed on October 5, included a deposition on oath from the CSU Registrar, Caleb Westberg, regarding Tinubu’s academic records.
Alleging forgery of the document and arguing that Tinubu was not qualified to contest the election, Atiku questioned the authenticity of the President’s CSU certificate submitted to the INEC.
Wole Olanipekun SAN, the President’s lead counsel, confirmed that Tinubu’s legal team had been informed about the upcoming appeals hearing at the apex court.
“We just got a hearing notice from the Supreme Court that the hearing of the appeal is on Monday. There is no pre-hearing in appeal, we don’t have anything like pre-hearing in appeal. It’s a hearing of appeal. The Supreme Court doesn’t list cases for mention, the appeal is for hearing on Monday,” he said.
Previously, he had stated that all the necessary paperwork on behalf of their client had been submitted.
Tinubu Urges Supreme Court to Reject Atiku’s Fresh Evidence in Election Appeal
Anticipating the results of the appeals, the senior advocate encouraged Nigerians to patiently await the verdict.
He said,
“As a senior lawyer and revered leader, I don’t preempt issues before the court. Let us get to the bridge before we cross it. I don’t make comments about cases that are ongoing in court. You can quote me on that. I am a professional lawyer.
“It is our job to go to court. The Supreme Court has called us and we will be there by the Grace of God. Monday is almost here.”
In the meantime, both the Nigerian Bar Association and the Supreme Court have supported the House of Representatives’ appeal for the selection of Supreme Court justices.
Habib Lawal, the spokesperson for the NBA, expressed appreciation for the lawmakers’ decision.
He said,
“Any call for the filling of the vacant positions at the Supreme Court is consistent with the persistent call of the Nigerian Bar Association, under the leadership of Yakubu Chonoko Maikyau, OON, SAN, that the Supreme Court should be filled to its full constitutional complement of 21 seats. The NBA, therefore, welcomes every action by anybody to ensure that this is achieved as soon as practicable.’’
According to Dr. Akande, the Director of Information for the Supreme Court, there is an urgent requirement for justices at the apex court.
He remained optimistic that the longstanding challenge would be overcome, and the court would achieve its full staff capacity through the anticipated appointment of additional justices.
Akande said,
“The Supreme Court has 11 justices. We need 11 more to meet up with the full complement of the court. We were close to getting our full complement in 2020 when they were 20. We hope that the jinx is broken this time around. We need more justice at the apex court.’’
Certificate Forgery: Atiku Asks Court to Accept New Evidence on Tinubu
Adegoke Rasheed, SAN, said it was strange to have a shortage of justices at the apex court.
“The House of Reps is in order. It is unheard of that we have 11 Supreme Court justices. They were supposed to have appointed these justices before now. At that level, there should not be a shortage of personnel. As much as the constitution says that we should have 21 justices, it should be done and to appoint them is not rocket science.”
Adedipe Ifedayo, SAN, noted,
“They are in order to remind the president of the shortage at the Supreme Court. Whether they can give him a timeframe is something I am not comfortable with, but they have done well to draw his attention to it. We should be replacing justices as they are retiring. We should not overwork them.’’
