Here’s Why Supreme Court Should Rule Peter Obi, Atiku’s Petitions on or Before November 19
Following the affirmation of Bola Tinubu as Nigeria’s duly elected President by the Presidential Election Tribunal on Wednesday, September 6, 2023, Peter Obi and Atiku are set to challenge the ruling at the Supreme Court.
Their decision to appeal the ruling is not uncommon in Nigeria’s post-election disputes. From Obafemi Awolowo Vs Shehu Shagari’s election petition in 1979 to Muhammadu Buhari Vs Olusegun Obasanjo in 2003, and Atiku Vs Buhari in 2019, presidential candidates who have lost elections in the past have consistently taken their cases up to the country’s apex court.
However, many Nigerians are eagerly awaiting the conclusion of these legal proceedings stemming from the February 25, 2023, Presidential election.
While it took the Presidential Election Tribunal 169 days to reach a verdict, Peter Obi and Atiku Abubakar are expected to file their appeal with the Supreme Court within 14 days, as stipulated by Section 2 of the Supreme Court Election Appeals Practice Directions.
What is the Expected Duration of Supreme Court Proceedings?
At the Tribunal level, the maximum allowable time for the Appeal Court Justices to determine the petitioner’s case is 180 days from when the petitions were filed.
However, in accordance with section 132 (9) of the Electoral Act 2022, “an appeal from a decision of an Election Tribunal shall be heard and disposed of within 60 days from the date of the delivery of the Tribunal’s judgment.”
The Supreme Court’s decision, whether it upholds or overturns the Tribunal’s ruling, will be considered final.
This provision in the electoral act aligns with section 233 of the 1999 Constitution, which grants the Supreme Court exclusive jurisdiction to hear and decide appeals from the Court of Appeal, precluding any other court of law in Nigeria.
Therefore, if Peter Obi and Atiku Abubakar submit their appeal on the final day of the appeal window (September 20, 2023), the Supreme Court is expected to bring an end to the presidential election dispute on or before November 19, 2023 (inclusive of weekends).
