HDP urges Supreme Court to void MBuhari’s election
upheld the victory of the All Progressives Congress and its candidate in the last presidential election, President Muhammadu Buhari.
In the 12 grounds notice of appeal, the appellants equally want the Supreme Court to order that Owuru be sworn-in in place of Buhari on the grounds that he was the duly elected president based on the February 16 referendum.It is the appellant’s contention that the PEPC erred in law when it declined statutory jurisdiction to determine their petition on the grounds that a referendum election is not known to law.
The appellants also faulted the PEPC on the grounds that its decision was not based on proper evaluation and legal assessment and reflection of their purport and went out to re-invent the respondents’ abandoned pleadings and failure to disprove their case as presented and made out. A five-man panel of the court held, in a unanimous judgment, that while the first leg of the petition was outside its jurisdiction, the petitioners failed to prove the second leg.
PEPC’s Presiding Judge, Justice Mohammed Garba noted in the lead judgment that the only mode known to the Constitution for electing anybody to the office of the president is election and nothing more. On the petitioners’ argument that INEC lacked the power to postpone election, Justice Garba said Section 26 of the Electoral Act allows INEC to postpone election and fix election dates, provided the reasons are cogent and verifiable.
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