The Case that was determined today by the Justice Dattijio Muhammad led five man panel of the Supreme Court, was an appeal filed by the PDP and Atiku/Obi on a ruling of the Presidential Election Petition Tribunal concerning an application made by the APC to withdraw one of the replies made to the Petitioners’ Petition.
The APC had erroneously made two replies to one of PDP and Atiku/Obi’s petitions but later came to the court room and apply to withdraw the very reply the PDP and Atiku/Obi had replied to, thereby adopting the one not replied to.
This request was later granted by the Presidential Election Petition Tribunal and the PDP and Atiku/Obi had gone to the Supreme Court, seeking the leave of court to grant the party fair hearing.
Please note that the main petition is still before the Presidential Election Petition Tribunal and the adoption of the final written addresses by various parties will take place on Wednesday, August 21, 2019 at the Court of Appeal, Abuja, Venue of the Presidential Election Petition Tribunal.
It is also important for the general public to note that the PDP and Atiku/Obi have already done justice to ALL the replies made to their Petitions by the 1st Respondent, (INEC), 2nd Respondent (Muhammadu Buhari) and the 3rd Respondent (The All Progressives Congress), in their final writtnen address.
The Issues for Determination
- Whether the 2nd Respondent (Muhammadu Buhari) was at the time of the election not qualified to contest the election.
- Whether the 2nd Respondent (Muhammadu Buhari) submitted to the 1st Respondent (INEC) affidavits containing false information of a fundamental nature in aid of his qualification for the said election.
- Whether from the pleadings and evidence led it was established that the 2nd Respondent (Muhammadu Buhari) was elected by majority of lawful votes cast at the election.
- Whether the Presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of corrupt practices.
- Whether the presidential election conducted by the 1st Respondent (INEC) on the 23rd February 2019 was invalid by reasons of non compliance with the electoral act 2010 (as amended) and the electoral guidelines 2019 and the manuals issued for the conduct of the elections.
These are the issues before the Presidential Election Petition Tribunal.
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