Atiku Abubakar, the Peoples Democratic Party’s (PDP) nominee for president in the 2023 election, is requesting that the Presidential Election Petition Court reverse its decision because it disregarded the “Doctrine of Legitimate Expectation” regarding INEC’s failure to conduct the election in accordance with its own rules and the Electoral Act 2022.
Atiku argued in his Notice of Appeal, dated September 18, which was presented by his lead attorney, Chief Chris Uche, SAN, that the lower court’s failure to follow the aforementioned concept was sufficient justification for the Supreme Court to reverse the entire judgement.
Atiku argued, namely in ground seven of his notice, that the lower court made a legal error when it failed to nullify the presidential election held on February 25, 2023, on the ground of non-compliance with the Electoral Act 2022.
Atiku Abubakar and Peter Obi Challenge Presidential Election Verdict at Supreme Court
Atiku claimed that INEC conducted the presidential election on the false pretence that the presiding officers would electronically transmit the results of the election directly from the polling places to the 1st Respondent’s Collation System, which was misrepresented to the appellants and the general voting public.
He said: “Contrary to the above unambiguous representations, undertakings, and guarantees, the 1st Respondent neither deployed the electronic transmission of election results nor the electronic collation system in the said election, sabotaging the raison d’etre for the enactment of the new Electoral Act 2022 and the introduction of the technological innovations.
“Rather than hold the 1st Respondent (INEC) as a public institution accountable to the representations that it made pursuant to its statutory and constitutional duties, which created legitimate expectations on the part of the Appellant, the lower court wrongly exonerated the 1st Respondent of any responsibility by holding that the use of the technological innovations to guarantee transparency was not mandatory.”
Peter Obi Rejects PEPC Judgement, Heads To Supreme Court
The former vice president insisted that the election on February 25 was “conducted based on very grave and gross misrepresentation” and that it was therefore oppressive to the appellants, not free and fair, and not in conformity with the provisions of the Electoral Act 2022.
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