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Presidential election: Atiku heads for Supreme Court as APC files counter appeal

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People Democratic Party (PDP) candidate in the last presidential election, Atiku Abubakar, and his party have asked the Supreme Court to reverse the decision of the Presidential Election Petition Court (PEPC) which upheld President Muhammadu Buhari’s victory.

Atiku and the PDP made the request in a notice of appeal containing 66 grounds which they filed on Monday.

They said PEPC erred in law in its resolution of the five issues it identified for the determination of their petition.

The PEPC, in its judgment on September 11, resolved the five issues against the petitioners and in favour of the respondents – the Independent National Electoral Commission (INEC), President Buhari and his party, the All Progressives Congress (APC).

The All Progressives Congress (APC) has also filed motions challenging sections of the September 11 judgment.

In a cross appeal, the party is asking the Supreme Court to reconsider PEPC’s decision to accept evidence by three witnesses (numbers 40, 59 and 60).

They are Atiku’s spokesperson Segun Showunmi, a data expert David Njorga and a data analyst Joseph Gbenga.

The APC, through its lawyer Lateef Fagbemi (SAN), also wants the court to remove at least 42 paragraphs from PDP’s petition.

Atiku and the PDP faulted the PEPC for holding that President Buhari did not need to attach his academic qualifications to the form CF 001 submitted to INEC to secure clearance to participate in the election.

On ground one of the appeal, the appellants argued that the learned Justices of the Court of Appeal erred in law when they relied on “overall interest of justice” to hold that the second respondent’s Exhibits R1 to R26, P85 and P86 were properly admitted in evidence.

They also faulted the Justices of the Court of Appeal on the other grounds.

In pointing out the errors, the appellants submitted that the Appellate Court gave restrictive interpretation to Section 76 of the Electoral Act 2010 (as amended) in order to exclude Form CF001 from its provisions.

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