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ABUBAKAR ATIKU & ANOR
V.
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & 2 ORS

(2023) JELR 111282 (SC)

Supreme Court 26 Oct 2023 Nigeria
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- Supreme Court dismissed the appeal challenging the 2023 presidential election, affirming the lower court’s judgment that the petitioners failed to prove allegations of non-compliance, corrupt practices, or respondent’s disqualification un

Case Details

Suit Number:SC/CV/935/2023
Judges:JOHN INYANG OKORO, JSC UWANI MUSA ABBA AJI, JSC MOHAMMED LAWAL GARBA, JSC IBRAHIM M. M. SAULAWA, JSC ADAMU JAURO, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:Chief Chris Uche, SAN with him Eyitayo Jegede, SAN, Prof. Mike Ozekhome, SAN, Nella Andem-Ewa Rabana, SAN and Ahmed T. Uwais Esq. for the Appellants; A. B. Mahmoud, SAN with Dr. Kemi Pinhario, SAN, Abdullahi Aliyu, SAN, S. O. Ibrahim, SAN, Aminu Sadauki Esq and Wendy Kuku Esq. for the 1st Respondent; Chief Wole Olanipekun, SAN with Yusuf Ali, SAN, Emmanuel Ukala, SAN, Prof. Taiwo Osipitan, SAN and Akintola Makinde Esq. for the 2nd Respondent; Chief Akin Olujinmi, SAN with Chief Charles Uwensuji Edosonwan SAN, Chief Adeniyi Akintola, SAN, Chief Afolabi Fashanu, SAN and Olumide Olujinmi Esq. for the 3rd Respondent.

JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (sitting as the Presidential Election Petition Court) in suit No. CA/PEPC/05/2023 and delivered on 6th September, 2023. In the said judgment, the court below substantially sustained the respondents' objections to the petition, the petitioner's reply to the respondents' respective replies, the competence of witnesses subpoenaed by the petitioners and the admissibility of several documents sought to be tendered by the appellants. After resolving all the issues in favour of the respondents, the lower court dismissed the petition for lacking in merit. Dissatisfied with the dismissal of the petition, the appellants filed notice of appeal on 18th September, 2023.

A brief fact of the case giving birth to this appeal are that election into the office of President of the Federal Republic of Nigeria was conducted by the Independent National Electoral Commission (INEC) on 25th F…

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