The Supreme Court has struck out another appeal by the Peoples Democratic Party (PDP) and its candidate in the last presidential election, Atiku Abubakar.
The PDP and Atiku had, in the appeal marked SC/815/2019, sought to reverse the decision by the Presidential Election Petition Court (PEPC), rejecting their request to inspect a supposed central server purportedly used for the last presidential election.
In a unanimous judgment on Tuesday, a five-man panel of the Supreme Court, led by Justice Datijo Mohammed, held that the appeal was a waste of time and without basis.
Justice Chima Nweze, who read the lead judgment, said: “I see no reason for departing from the reasoning of the lower court. I find that this appeal is without merit, and it is accordingly, dismissed.”
Meanwhile, though the apex court adjourned the appeal for hearing, at the resumed proceeding on Tuesday, counsel to the appellants, Mr Eyitayo Jegede, SAN, drew attention of the court to the fact that the constitutionally prescribed period for determination of such interlocutory appeal, had elapsed.
Following his unchallenged oral application to withdraw the appeal, it was accordingly struck out by a five-man panel of the Supreme Court led by Justice Datijo Mohammed. The Supreme Court said it was satisfied that the appeal had become statute barred.