LIVE UPDATE: Supreme Court gives judgement on Atiku’s, Obi’s petition challenging Tinubu’s victory

The Supreme Court today rules on the petition filed by Presidential Candidates of the Peoples Democratic Party (PDP) and Labour Party, Atiku Abubakar and Peter Obi challenging the election of President Bola Tinubu.

Follow WesternPost’s live updates from the Supreme Court.

11:35 a.m.: Having resolved all the issues against the appellant that there is no merit in this appeal.

The judgment of the lower court delivered on 6 September declaring Tinubu president is hereby affirmed, Justice Okoro says.

11:03am: According to Justice Okoro, the appellant failed to called witnesses who were party agents in polling units, but the witnesses brought forward only relied on hearsays.

“It is impossible for a political party to appoint an octopus agent who will be at every polling unit on election day.

“Atiku’s agents can only testify in their polling units only where they witnessed what they saw, but not across the country where they were not present.

”I adopt the decision of the lower court which is in line with a plethora of precedents,” Justice Okoro says.

The finding of the lower court in discountenancing the Atiku’s witnesses cannot be be faulted.

10:59am: The next issue is PEPC’s rejection of Atiku’s witness statements on account of not being filed alongside the main petition on 21 March.

10.53 a.m.: Affirming the judgement of the tribunal that Tinubu did not have to win 25 per cent of votes in the FCT to be declared winner, Justice Okoro said, “To be honest, I see nothing wrong in the above decision.”

He says a court should give a wholistic interpretation to the constitution. He says such interpretation must be people-oriented.

A narrow and selfish approach should be avoided, he adds.

He says interpretation of law must be such that it will reduce law making to absurdity.

He says he sees merit in the issue as raised by the apellant and dismisses it.

The decision of the PEPC is unasailable, Justice Okoro says.

”I do not see anything wrong with the decision of the Presidential Election Petition Court when it interpreted the constitution regarding the issue of 25 per cent in Abuja.

“The interpretation of the constitution should serve the generality of the people.

“Let me drive this matter home.

“Are saying that if a candidate scores majority votes across the country but fails to win the election in the Federal Capital Territory. Can’t the candidate be declared president?”

10.52 a.m.: Next issues is as regards Tinubu’s inability to garner 25 per cent of FCT votes.

10:31am: The court is now dealing with the issue of INEC’s failure to comply with the provision of the Electoral Act by failure to transmit result of the election IReV

A petitioner seeking to nullify an election must show noncompliance substantial affected the election, Justice Okoro said

The appellant abandoned the duty placed on them to prove noncompliance, but relied solely on INEC’s inability to electronically transmit the election results to the INEC Results Viewing (IReV) portal, Justice Okoro said.

The Electoral Act empowers INEC to determine the mode of transmission of election results.

” I agree with the lower court that the failure of INEC to electronically transmit the results does not affect the collation of results,” Justice Okoro said.

10.26 a.m.: Atiku failed to convince the Supreme Court on why he waited until the PEPC concluded the appellants suit and lost jurisdiction before making an attempt to tender the document.

10.29 a.m. The court dismisses the Atiku’s application to tender fresh evidence.

10.15 a.m.: “I still wonder how the appelant intend to use the document in this proceeding,” says Mr Okoro.

He said the petitioner shall not be allowed to allow to amend their petition after the 21 days allowed by law.

Citiing Section 182 of the Electoral Act, Justice Okoro said, “Atiku failed to apply to the court to amend his petition to bring the fresh evidence” against Tinubu.

10.11 a.m.: Justice Okoro said the application runs foul of 14 of the Evidence Act. He cited an earlier decision of the Supreme Court which said, “In the circumstance of this case, this court cannot activate section 22 of the Supreme Court Act to admit fresh evidence.”

10:10am: Justice Okoro says jurisdiction is the fulcrum upon which every court decision is based.

“I must emphasise that it is trite that election proceedings are their unique class. This court has to take into account the peculiarity of this case. I have carefully perused the record of Appeal,” he said.

He said Atiku filed the appeal on the last day of the timeframe allowed to lodge an appeal.

The 180 days prescribed by the law lapsed on 17 September, Justice Okoro noted.

10:05am: Justice Okoro is ruling on the jurisdiction of the court to accept fresh evidence.

According to him, the jurisdiction of the court is at the foundation of adjudication, the Justice said.

He said, “Jurisdiction clothes the court the power to determine cases.”

9:30am: Presiding Judge, Okoro, starts reading the lead judgement, starting from the background to the case.

9: 25am: Chris Uche (SAN), announces appearance for Atiku Abubakar. Abdullahi Aliyu (SAN) announces appearance for INEC. Akintola Makinde, from announces appearance for President Bola Tinubu. Olumide Olujinmi, announces appearance for APC.

9:22am: First case is the appeal of the Atiku Abubakar which is called by the registrar.

9:20am: Justice John Okoro led the seven-man panel for the start of the court proceedings.