The Labour Party (LP) has voiced its concerns regarding the recent judgment delivered by the Supreme Court in Appeal No. SC/CV/937/2023, in which the LP and its Presidential Election candidate, Mr. Peter Obi, were involved.
The Supreme Court had issued a hearing notice on October 25, 2023, informing the LP and its candidate that the judgment would be delivered on October 26, 2023.
On the designated day, the LP and their legal representatives were present in court as the Supreme Court proceeded to read the judgment in a separate appeal, Appeal No. SC/CV/935/2023, filed by the Peoples Democratic Party (PDP).
Subsequently, His Lordship John Inyang Okoro JSC, the Presiding Justice, verbally stated that the decision in the LP appeal would align with the judgment delivered in the PDP appeal.
The LP has expressed its astonishment, calling the Supreme Court’s position extraordinary, terribly shocking, unprecedented, and unacceptable for several reasons.
The LP highlights that the appeals filed by both the PDP and LP originated from distinct judgments of the Court of Appeal and were not consolidated at the Supreme Court.
Moreover, during the separate hearings of the appeals, there was no discussion, agreement, directive, or order regarding the judgment in one appeal abiding by the decision in the other.
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Furthermore, the LP emphasizes that the petitions giving rise to the two appeals were heard separately at the Court of Appeal, based on different pleadings and sets of witnesses, leading to remarkably different facts in each case.
While some issues were agreed upon, such as the 25% votes in Abuja, other issues submitted for determination differed significantly between the two appeals.
The LP draws attention to specific issues, including the forfeit of funds allegedly connected to narcotics trafficking, the double nomination of a third respondent (who was not party to the PDP petition), and the failure to comply with a section of the Electoral Act.
In addition, the LP highlights the significance of certified true copies of 18,123 polling unit result sheets submitted as evidence in their appeal.
These copies, obtained from the Independent National Electoral Commission (INEC), were reported to be blurred, unreadable, and even included blank A4 papers, pictures, and unidentified images purporting to be polling unit results. Despite the materiality of this issue, the Court of Appeal did not make a finding on it.
The LP states that it had requested the certified true copy of the judgment in their appeal from the Chief Registrar of the Supreme Court but has received no response to date, despite reminders sent.
The LP emphasizes that every court established under the Constitution, including the Supreme Court, has a duty to furnish all parties involved with duly authenticated copies of the decision within seven days of delivery, as stated in Section 294(1) of the Nigerian Constitution.
Consequently, the LP finds the conduct of the Supreme Court regrettable and unprecedented. The party believes that this constitutes a breach of their constitutional right to a fair hearing and expresses its disappointment at the refusal to deliver any judgment or provide a copy of the decision after the appeal hearing.
The LP concludes by expressing its concern over the actions of the Supreme Court and the implications they may have on the fairness and transparency of the judicial process.
