The Supreme Court has dismissed the plea of the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, seeking access to the Independent National Electoral Commission (INEC)’s sever.
In its ruling on Tuesday, the Dattijo Muhammad-led five-man panel noted that there was no basis to interfere with the earlier decision of the Presidential Election Petition Tribunal rejecting the appellants’ request to access the said server.
Justice Centus Nweze, who read the lead judgment of the apex court, said the appellants failed to establish that the tribunal wrongfully exercised its discretion in dismissing their request.
According to the panel, PDP and Atiku failed to prove that the decision of the tribunal was wrong, or that they were denied fair hearing.
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Atiku and PDP had alleged in their petition pending before the Presidential Election Petition Tribunal that the “authentic” results of the February 23, 2019 election which gave them victory were stored in the said INEC server.
Earlier, leading their argument on Tuesday, Mr. Eyitayo Jegede (SAN), told the supreme court that his clients were still within time, as the 180 days meant for the tribunal to hear and determine the case had not lapsed.
But the respondents — INEC, President Muhammadu Buhari and the All Progressives Congress — opposed the appeal through their respective lawyers, and urged the apex court to dismiss it.
The tribunal will on Wednesday resume to hear final arguments in the case challenging the victory of President Muhammadu Buhari in the February 23, 2019 election.
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