The Supreme Court of Nigeria has fixed Wednesday, October 30, 2019, to hear the Appeal of the PDP and Atiku/Obi, arising from the judgment of the Appeal Court. it had been earlier reported that Atiku and PDP had formally filed an appeal against the judgement of the presidential election petitions tribunal, at the Supreme Court.
The opposition party is challenging the judgment of the presidential election tribunal, which affirmed the election of President Muhammadu Buhari. In the appeal filed by Atiku and PDP, the opposition alleged that the panel of the presidential election tribunal erred in law “when they relied on “overall interest of justice” to hold that the second Respondent’s (President Muhammadu Buhari) exhibits R1 to R26, P85, and P86 were properly admitted in evidence.”
They also alleged among other reasons that the tribunal erred in law “when they held thus: “My firm view is that Section 76 of the Electoral Act is clearly inapplicable to the issues under consideration. “The form referred to are the form to be used in the conduct of the election as FORM CF001 had been taken care of in Section 31 of the Electoral Act and the said FORM CF001 is tied to the steps laid down in the said Section 31 of the Electoral Act.
“More importantly, the law is firmly settled that a candidate is not required by the Constitution or the Electoral Act to attach his certificates to FORM CF001 before the candidate can be considered or adjudged to have the requisite educational qualifications to contest the election.”