The Supreme Court has again struck out an appeal filed by the Hope Democratic Party (HDP) and its presidential candidate, Ambrose Owuru, to challenge the declaration of President Muhammadu Buhari as the winner of the February 23 presidential election. The apex court struck out the appeal on Monday following the withdrawal of an application praying for the restoration of the appeal to be heard afresh.
Mr Owuru and HDP had sought for leave of the court to allow them bring back their appeal which had been struck out due to the filling of two notices of appeal in respect of one matter which was against the provisions of the law. When the matter came up Monday, the apex court panel led by Justice Olukayode Ariwoola drew the attention of counsel to the appellants, Mr Sunday Ezema, to Section 285 (7) of the 1999 Constitution and was asked whether the appeal has not become statute-barred.
Although the counsel initially insisted the appeal could still be heard, he, however, made a dramatic U-turn and applied for withdrawal of the application. Justice Ariwoola who led four other justices in a short ruling then struck out the application.
