Follow Us on Google
Godwin Tsa, Abuja.
The Supreme Court will on Monday commence fresh hearing in an appeal filed by the Hope Democratic Party (HDP) challenging the declaration of President Muhammadu Buhari as the winner of the February 23 presidential election.
This is sequel to a motion by the party asking the apex court to reverse itself in the judgement delivered on October 3 dismissing it’s appeal.
It is the contention of the party that the judgment of the court was based on technicality rather than merit of law.
Already, the Supreme Court has issued hearing notices to parties in the matter notifying them of the October 28 date for fresh hearing.
Respondents in the appeal are the Independent National Electoral Commission INEC, President Buhari and the All Progressives Congress APC.
In a fresh motion on notice brought pursuant to order 8 rule 2 of the Supreme Court Rules and sections 6 and 36 of the 1999 constitution as well as section 22 of the Supreme Court Act, the party and its presidential candidate, chief Ambrose Albert Owuru, claimed that the judgment delivered by Justice Mary Peter Odili in favour of Buhari was invalid on the grounds that it was based on technicalities of law rather than merit and justice.
The motion filed by Mr Chukwunonyerem Njoku on behalf of the appellants pleaded with the court to restore their appeal for a fresh hearing.
The HDP and its candidate maintained that the dismissal of their appeal on technical ground was without compliance with the mandatory procedure of law.
The apex court justices had dismissed the HDP’s appeal on the grounds that more than one notice of appeal was filed in the same appeal contrary to the provisions of law.
Justice Odili who delivered the verdict also held that Owuru and HDP failed to appeal against the ruling delivered by the Presidential Election Petition Tribunal on August 22 which struck out their petition based on the lack of jurisdiction.
“The two notices of appeal filed by the appellants and jointly utilised is a procedure not backed by law and cannot be used,” she said.
“Rather the appellants have come here to tackle the decision on the merits which the court below handled out of the abundance of caution.”
Presidential candidate of the HDP, Ambrose Albert Owuru confirmed that the Supreme Court had notified him and the party that the appeal would be heard afresh on October 28.
In their petition at the tribunal, they prayed for nullification of the February 23 election on the grounds that its shift from February 16 by INEC was not in compliance with any law and as such a nullity.
The two appellants claimed that a referendum election was conducted by Nigerians on February I 6 and won by them with over 50 million voice votes and that they should be inaugurated as president of Nigeria based on the referendum election results.
