PEPT appeal: We’re yet to receive CTCs of Supreme Court’s judgement – Labour Party
Opposition, Labour Party (LP) has disclosed that it is yet to receive the certified true copy (CTC) of the judgement delivered, last October, on its appeal challenging the ruling of the President Election Petitions Tribunal (PEPT) which had affirmed President Bola Tinubu as winner of the February 25, 2023 election.
This is also the Labour Party added that the apex court had not yet adjudicated on its specific matters raised in its appeal against the PEPT judgement brought before it.
It would be recalled that the Supreme Court had on Monday, October 23 ruled on the appeals filed by the Presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, and his Labour Party (LP) counterpart, Mr Peter Obi, challenging the judgement of the Presidential Election Petitions tribunal (PEPT) which had in September affirmed President Bola Tinubu of the All Progressives Congress (APC) as winner of the February 25 election.
The Supreme Court added further that it had served notices for the hearing which is to commence by 23rd of October 2023 on both Atiku and Peter Obi.
The notices signed by Zainab M. Garba in the Office of the Registrar said by the Order 2 Rule 1(2) of the Supreme Court’s Rules 1985 as amended, the notice is deemed as sufficiently served on the parties.
The list of seven Supreme Court Justices include; justices Musa Dattijo Muhammad, Uwani Musa Abba Aji, Lawal Garba, Helen M. Ogunwumiju, I.N. Saulawa, Tijjani Abubakar and Emmanuel Agim.
However, Justice Dattijo recused himself citing retirement, and was replaced by Justice Inyang Okoro, who read the lead judgement.
However, months after the ruling, the Labour Party has disclosed that it is yet to receive a certified true copy (CTC) of the apex court’s ruling on its appeal despite two notifications to the court on the subject.
A statement by the Labour Party, Tuesday, signed by its National Secretary, Alhaji Umar Farouk Ibrahim, also faulted the judgement of the apex court for overlooking its prayers sought in its appeal.
LP further described the Supreme Court’s position as ‘extraordinary, terribly shocking, most unprecedented and unacceptable’ for joining its appeal with that of the Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar, when both petitioners had filed separate prayers.
It noted that the appeals filed by both the PDP and LP from the Court of Appeal to the Supreme Court were two distinct appeals which emanated from two separate judgments of the Court of Appeal and wondered how and why the Supreme Court, which did not even consolidate the two appeals, will contemplate a singular judgment on two separate appeals.
The LP listed its varied appeals to include; the matter Forfeiture of funds being proceeds of narcotics trafficking; Double nomination of the 3rd Respondent (Kashim Shettima); Failure to comply with the mandatory requirement of Section 73(2) of the Electoral Act, 2022; The effect of the CTCs of 18,123 blurred and unreadable polling unit result sheets (Form EC8As) downloaded from the IReV; as the as the party alleged that ‘even with the materiality of the issue, the Court of Appeal evaded making a finding on it.’
According to the Labour Party, the listed matters ‘were all part of the LP appeal but not that of the PDP appeal’ which the apex court did not adjudicate on.
“1. The Supreme Court issued a hearing notice dated 25th October 2023, notifying the Labour Party (LP) and its candidate in the Presidential Election, Mr Peter Obi, that judgment would be delivered in their appeal to the Supreme Court in Appeal No. SC/CV/937/2023 on Thursday, 26th October, 2023.
“2. On the 26th of October, 2023, LP and her lawyers were in Court. The Supreme Court proceeded to read the judgment in Appeal No. SC/CV/935/2023 filed by the Peoples Democratic Party (PDP). After that, the Presiding Justice, His Lordship John Inyang Okoro JSC, verbally stated that the decision in the LP appeal would abide by the judgment just delivered in respect of the PDP appeal!
“3. The LP finds the position taken by the Supreme Court regarding the judgment in her appeal extraordinary, terribly shocking, most unprecedented and unacceptable for the following reasons:
(a) The appeals filed by both the PDP and LP from the Court of Appeal to the Supreme Court were two distinct appeals which emanated from two separate judgments of the Court of Appeal.
(b) The two appeals were not even consolidated at the Supreme Court but were heard separately.
(c) At the separate hearing of both appeals, the question was never raised, the parties never agreed, and the Court neither gave a directive nor ordered that the judgment in one appeal would abide by the decision in the other!
(d) The petitions from where the two appeals arose were heard separately at the Court of Appeal based on separate pleadings and different sets of witnesses. Thus, the facts of the two petitions were remarkably different.
(e) The only issue where the parties agreed in the two appeals was 25% votes in Abuja. The other issues submitted to the Supreme Court for determination in the two appeals differed remarkably. By way of illustrations, we draw attention to some of the issues:
(i) Forfeiture of funds being proceeds of narcotics trafficking contained in the LP petition (and not in the reply);
(ii) Double nomination of the 3rd Respondent (who was not even a party in the PDP petition);
(iii) Failure to comply with the mandatory requirement of Section 73(2) of the Electoral Act, 2022, the consequence of which the provision stipulates, renders the election invalid.
(iv) The effect of the certified true copies of 18,123 blurred and unreadable polling unit result sheets (Form EC8As) downloaded from the IReV, issued by the INEC to the LP and its candidate which they tendered in Court. Some were blank A4 papers, pictures, and images of unknown persons. They were purported to be copies of polling units results. Even with the materiality of the issue, the Court of Appeal evaded making a finding on it.
(f) They were all part of the LP appeal but not that of the PDP appeal.
(g) The LP had, out of an abundance of caution, by letter dated 26th October 2023, applied to the Chief Registrar of the Supreme Court for the certified true copy of the judgment in the LP appeal. There was a reminder through a letter on 8th November 2023. However, to date, the requests have been ignored.
(h) The LP is also aware that by the provision of Section 294(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every Court established under the Constitution (which necessarily includes the Supreme Court) has a duty to:
“Furnish all parties to the cause or matter determined with duly authenticated copies of the decision within seven days of the delivery thereof.”
(i) The Supreme Court has failed to do this in the present appeal.
“4. In conclusion, the LP finds it very embarrassing and depressing that the Supreme Court would, after hearing the appeal by our party, refuse to deliver any judgment and also fail to avail our party of any copy of whatever it considers to be its decision.
“5. With every sense of responsibility, the LP believes that the Supreme Court’s conduct is regrettable and unprecedented. This constitutes an unmitigated breach of the constitutional right of LP and her candidate to a fair hearing,” the party said.
