The Allied Peoples Movement (APM) has filed a 10 grounds of Appeal before the Supreme Court challenging the decision of the Presidential Election Petition Court, asking that the victory of President Bola Tinubu, be nullified.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
In its notice of appeal filed by its new counsel Chukwuma – Machukwu Ume, the APM is asking the apex court to set aside the judgment of the Presidential Election Petitions Court (PEPC) for its numerous errors in law.
It said that sections 131 and 142 (1) of the 1999 Constitution are inextricably linked and neither can be confined as a pre-election matter, as these qualifications are conditions precedent to, for being elected into the office of President.
The appellant’s petition was not one founded solely on nomination, but primarily that President Tinubu contested the presidential election without a lawful running mate.
The party added that the withdrawal of Ibrahim Kabir Masari and the expiry of the 14 days permissible for changing, withdrawing, or dead candidates under Section 33 of the Electoral Act 2022, made Tinubu’s election and return, invalid.
According to the party, the PEPC abandoned its duty and jurisdiction of hearing and determining APM’s question of whether President Bola Ahmed Tinubu and Kashim Shettima were “validly elected” to the office of President and Vice President under the Constitution as stipulated by Section 239(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
APM contends that “validly elected” encompasses being qualified to contest the election, adding that a valid election includes the threshold qualifications and disqualification as stipulated in the Constitution.
It said the approach of the court below was to avoid the weighty issue of validly elected through imputing technical elevation pre-election issues.
APM therefore prayed the Supreme Court to allow the appeal and hold that Tinubu was not qualified to contest as the presidential candidate of APC having violated the provisions of Section 142 (1) of the Constitution of Federal Republic of Nigeria 1999 (as amended).
The party also prayed for a declaration that the return of Tinubu by the Independent National Electoral Commission (INEC), as the President-elect of the Federal Republic of Nigeria is null, void of no legal effect whatsoever.
That the withdrawal of the 5th respondent (Kabir Masari), as Vice Presidential candidate to Tinubu by the operations of the law amounted to automatic withdrawal and invalidation of the candidate of All Progressive Congress (APC).
APM therefore asked for an order nullifying and voiding all votes scored by APC in the February 25 presidential election and a further order directing INEC to return the second highest score at the election as the winner of the presidential election.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
“Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
