The Peoples Democratic Party (PDP) and its candidate in the 2019 presidential election, Atiku Abubakar, have approached the Supreme Court to appeal the ruling of the Presidential Election Petition Tribunal regarding the server purportedly used during the election by the Independent National Electoral Commission (INEC).
The tribunal had on Monday dismissed the petition by both Atiku and the PDP seeking access to inspect the server used by INEC for the 2019 presidential election.
The applicants had told the tribunal that INEC used the server to transmit the result of the presidential election, insisting that the election declared by the electoral umpire was different from what was contained in the server.
However, the five-man panel led by Justice Mohammed Garba dismissed the application unanimously, stating that granting the application would mean pre-judging the main issue meant for trial during the substantive hearing of the petition.
Immediately after the tribunal’s ruling on June 24, Chris Uche (SAN) and Mike Ozekhome (SAN), counsels to the petitioners, expressed dissatisfaction and vowed to challenge the decision.
Subsequently, the petitioners have filed a four-ground notice of appeal at the Supreme Court, the Punch reports.
Atiku and the PDP are praying to the apex court to reverse the June 24 decision of the tribunal and also grant all their prayers “contained in the motion on notice dated and filed (before the tribunal) on May 8, 2019.”
According to the petitioners, the tribunal, in dismissing their application, “failed to consider” their “uncontroverted evidence … contained in their further affidavit in support of their application for access and inspection of information”.
They argued that the tribunal failed to exercise its discretion judiciously and judicially.
It was learnt that the petitioners filed their appeal before the apex court, two days after the tribunal delivered its ruling.