In a new turn to litigation in the 2019 presidential elections, the Democratic Party of Hope (HDP) has again filed a lawsuit in the Supreme Court praying to be revoked in the ruling issued on October 3, which for technical reasons He dismissed his appeal against the election of President Muhammadu Buhari.
Latest Nigeria newspaper report that The party claimed that the sentence handed down by Judge Mary Peter Odili in favor of Buhari is invalid and unconstitutional because it was based on technicalities of the law instead of merit and justice.
In a new motion for notification filed pursuant to order 8, rule 2 of the Rules of the Supreme Court and sections 6 and 36 of the 1999 constitution, as well as section 22 of the Supreme Court Act, the party and his presidential candidate, Chief Ambrose Albert Owuru, asked the court to restore his appeal for a new merit hearing.
In the motion presented by Chukwunonyerem Njoku, the appellants insisted that the dismissal of their appeal on October 3 for technical reasons did not comply with the mandatory legal procedure.
Latest Nigeria newspaper report that The new motion based on eight grounds indicated that the appeal dismissed by Buhari’s preliminary objection without the requests required after the written submissions and the incorporation of a notice of objection without permission from the apex court is a nullity and can be annulled.
Another reason is that, under order 8 on which the dismissal was based, an appellant whose appeal has been dismissed under the rule may request, by notification of motion, that the appeal be restored and heard on merit.
The appellants argued that there are exceptional circumstances, as required by law, so that the restoration of the appeal has been dismissed for technical reasons without the plaintiffs requesting first or being granted permission to avoid an ambush or surprise to avoid the hearing of the Appeal for merit and affirm their claim as winners of February 16, election of the presidential referendum.
They further affirmed that the court’s decision arising from the ambush, intimidation, mismanagement of the court and the breach of the strict rules and procedures to hear the notice of preliminary objection is invalid and a legal nullity and can be annulled.
An affidavit of 10 paragraphs in support of the motion with the number SC / 1110/2019 and deposited by an Odion Peter Olhoaye, a lawyer at the law firm of AA Owuru said that the appellants filed a notice of appeal dated 28 August 2019 of the Presidential Election Petition Court to the Supreme Court of your personal record when the court withheld, delayed and delayed the ruling.
They affirmed that after the publication of the last-minute sentence by the Presidential Election Petition Court, additional grounds were hastily presented and erroneously titled “Notice of Appeal” instead of “Additional Reasons.”
The two appellants insisted that a simple error in the title “Notice of appeal” instead of “Additional grounds of appeal” was not sufficient reason for the Supreme Court to dismiss its appeal on that technicality.
In addition, the appellants further claimed that the jurisdiction of the Supreme Court had not been fully activated because the motion of service replaced in Buhari, which until September 27, 2019 evaded the judicial service process had not yet been moved or withdrawn from the court record before the court was tricked to dismiss the appeal for technical objection.
Latest Nigeria newspaper report that The appellants further claimed that the Supreme Court has a duty, in the interest of justice, to discard all pending applications and motions before determining any matter that refers to the substantive appeal.
“The Supreme Court has the powers established in its rules and acts to, in the circumstances, grant this request, reestablish the appeal and allow the formal adoption of all the documents presented as exchanged between the parties by a well-considered decision of the main court in the appeal in the interest of justice. ”
HDP and Owuru said they want to bring their appeal against Buhari, the Independent National Electoral Commission (INEC) and the Congress of All Progressives (APC) to a logical conclusion about merits and not about legal technicalities and ambush.
Latest Nigeria newspaper report that On October 3, the Supreme Court rejected the appeal of HDP and Owuru against the election of Buhari because Owuru and his party were involved in a serious abuse of judicial proceedings by submitting two notice of appeal in a matter contrary to the provisions of the law.