Supreme Court dismisses cases against Tinubu, Buhari, INEC, AGF

The Supreme Court yesterday dismissed two appeals filed against President Bola Tinubu, ex-President Muhammadu Buhari, the Attorney General of the Federation (AGF), and the Independent National Electoral Commission (INEC) by a former presidential candidate of the defunct Hope Democratic Party (HDP), Ambrose Albert Owuru, and his party.
A five-member panel of the apex court, presided over by Justice John Okoro, in a unanimous decision, held that the appeal was frivolous and dismissed it after it directed the applicant’s lawyer, Habeeb Olawuyi, to withdraw it.

While other members of the panel expressed discomfort about the lawyer’s conduct and the quality of the case he brought, Justice Okoro directed him to withdraw the appeal, and he promptly did.

Justice Okoro advised Olawuyi never to bring such a frivolous case before the court.

The appeal by Owuru and the HDP was against the May 25, 2023 judgment of the Court of Appeal in Abia State, which affirmed the January 30, 2023 judgment by Justice Inyang Ekwo of the Federal High Court in Abuja.

The judge had dismissed Owuru’s and his party’s suit seeking to prevent the May 29, 2023 inauguration.

They had sought to be sworn in as Buhari’s successor, claiming that Owuru had an unspent tenure, having purportedly been elected Nigeria’s president via a referendum conducted in 2019.

Owuru claimed, among others, that he won a referendum purportedly conducted within the period of the postponement of the 2019 presidential election.

He also argued that by the victory he recorded in the 2019 referendum, no other person should occupy the office of the president until he served out his tenure.

The Election Petitions Tribunal dismissed Owuru’s petition in its August 22, 2029 judgment, saying, among others, that issue of referendum raised in the petition did not form a ground to challenge the outcome of an election.

In its May 25, 2023 judgment, a three-member panel of the Court of Appeal unanimously dismissed Owuru’s and his party’s appeals and awarded N40 million cost against them.

In the lead judgment of the Court of Appeal, Justice Jamil Tukur held, among others, that the appeal was an invitation on the court to review its earlier decision, which it could not do.

The judge dismissed the appeal and ordered Owuru to pay each of the respondents N10 million in cost.

Also yesterday, the Supreme Court dismissed another appeal filed by INEC and its chairman on the grounds that it was frivolous.

When the appeal was called before appellant’s lawyer, Bofede Ogboru, could introduce the appeal, Justice Okoro directed him to withdraw it because the court was not ready to have its time wasted.

Members of the court’s panel insisted that the lawyer should withdraw the appeal, and he did.

The Supreme Court earlier rejected a motion filed by the candidate of the All Progressives Congress (APC) in the last governorship election in Akwa Ibom State, Akanimo Udofia, and his party.

By their motion, Udofia and the APC had prayed the court to constitute a full panel of the court, consisting of seven Justices, for the purpose of reviewing the court’s earlier judgment delivered on January 11.

In the judgment, the apex court dismissed the appeal filed by Udofia and the APC with which they sought to void the election of Akwa Ibom State Governor Umo Eno of the Peoples Democratic Party (PDP).

When the case was called yesterday, lawyer to the applicant (Udofia and the APC), Dr. O. U. Orji, told the court that the case file was only handed to him the previous day and that he had not properly studied it.

When the court asked him what he wanted to do with the appeal, Orji said he would have prayed the court for an adjournment, but was advised against it by his client, who he said insisted that he must go ahead with the case.

This prompted a member of the court’s seven-member panel, Justice Tijjani Abubakar, to ask Orji if it was not proper, as an officer of the court, to do what was right before the court rather than allow himself to be dictated to by his client.

Although Orji sought to proceed with the case, the court prevailed on him to withdraw it because it was deemed frivolous.

He withdrew it and Justice Uwani Abba-Aji, who presided over the panel, dismissed the motion.

Also, the Supreme Court yesterday reserved judgment in the appeal by the APC candidate in the last governorship election in Adamawa State, Aisha Dahiru (also called Binani), and her party.

Dahiru and APC are seeking a reverse of Court of Appeal’s judgment which affirmed the decision of the election petitions tribunal which dismissed their petition against the victory of Governor Ahmadu Fintiri of the PDP.

Arguing the appeal, appellants’ lawyer, Akin Olujimi (SAN), urged the court to allow the appeal.

The lawyer argued that the Court of Appeal did not address the question of whether or not the INEC Resident Electoral Commissioner (REC) in the state had the authority to declare a winner in an election.

Fintiri’s lawyer, Damian Dodo (SAN), prayed the court to dismiss the appeal.

Dodo argued that the REC had no power to declare the winner of the election.

Justice John Okoro, who presided over the court’s five-member panel, asked Dodo to read the provision of Section 149 of the Electoral Act, and he did.

The lawyer argued that the REC perpetrated an illegality by announcing the election results, adding that he never showed up to defend his actions during proceedings at the tribunal.

Lawyer to INEC, Abubakar Ahmed, also urged the court to dismiss appeal for being unmeritorious.