Thursday, November 12, 2026

Supreme Court dismisses APM’s appeal against Tinubu

The seven-member panel dismissed the appeal after the appellant withdrew it.

• October 23, 2023
Allied Peoples Movement (APM) And President Bola Tinubu
Allied Peoples Movement (APM) And President Bola Tinubu

The Supreme Court on Monday dismissed the appeal filed by the Allied Peoples Movement (APM) challenging the judgment of the Presidential Election Petition Court (PEPC) affirming President Bola Tinubu’s victory.

Justice Inyang Okoro, leading six other apex court justices, dismissed the appeal, saying that hearing it would amount to “a waste of the precious time of the court’’.

In the appeal, the APM prayed the court to hold that the PEPC misconceived the material facts before it when it struck out its undefended petition against Mr Tinubu’s victory.

The party asked the court to hold that the withdrawal of Kabiru Masari from the race, by operation of law, amounted to automatic withdrawal and invalidation of Mr Tinubu’s candidature as the APC presidential candidate.

Mr Masari was named the running mate of Mr Tinubu before Vice President Kashim Shetima replaced him.

The APM said in its brief of argument by its counsel, Chukwuma-Machukwu-Ume, SAN, that the PEPC wrongly struck out its petition.

The party prayed the court to set aside the lower court’s decision as being misconceived.

The PEPC had dismissed APM’s petition based on pre-hearing motions filed by INEC, APC and Mr Shettima.

According to the APM, the grounds upon which its petition was predicated was that Mr Tinubu was not qualified to contest in line with Section 134(1)(a) of the Electoral Act, 2022, at the time of the presidential election.

Mr Machukwu-Ume told the court that the PEPC misconceived his client’s material facts and case and wrongly progressed to determine issues not contemplated by the appellant’s petition and erroneously dismissed the petition.

However, efforts by Mr Machukwu-Ume to move the appeal were rejected by the panel on the grounds that moving it would amount to wasting the court’s precious time.

Justice Okoro, the presiding justice, insisted that the appeal be withdrawn since the issue had been decided.

“You are not asking us to make your candidate the president if your appeal succeeds.

“You just want to state the law and go home without benefit. We have other appeals that are substantial, and withdrawing this appeal will help reduce the workload on us.

“We have read the appeal and are unanimous that it is a non-issue, having been pronounced upon by this court,’’ Mr Okoro said.

Mr Machukwu-Ume, though reluctant, accepted and withdrew the appeal on behalf of his client, the APM.

All the respondents did not oppose the withdrawal or ask for cost.

The seven-member panel consequently dismissed the appeal after the appellant withdrew it. 

(NAN)

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Nigerian Bar Association

States

Independence: NBA urges Nigerians to expect better future

The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Anti-Corruption

N2 Billion Money Laundering Case: Court sentences Faisal Maina to seven years’ imprisonment

After his re-arrest, the EFCC filed an ex parte motion seeking leave to apply for an order enforcing Mr Abang’s judgment against Mr Faisal, delivered on October 7, 2021.

Bianca Odumegwu-Ojukwu

Abuja

Nigeria urges stronger Commonwealth cooperation on security, trade

Nigeria called for stronger cooperation among Commonwealth countries on peace and security, trade, climate resilience, democratic governance and youth empowerment.

Fuel nozzle

Economy

Fuel subsidy removal will become Tinubu’s greatest legacy, says ex-PDP chairman

A former state chairman of the Peoples Democratic Party in Cross River, Venatius Ikem, says subsidy removal by President Bola Tinubu will soon become his greatest legacy.

Elon Musk and Nvidia CEO Jensen Huang

Economy

Elon Musk offers to hire Jensen Huang if Nvidia fires him as CEO

Elon Musk has offered to hire Nvidia CEO Jensen Huang if he is sacked by the chip company he helped build.

Bile-Aka

Diaspora

£20,000 reward for information on murder of Bile-Aka Amoa in Clapham

Detectives investigating a murder in Clapham have announced a £20,000 reward for information that leads to the identification, arrest and prosecution of the killers.

Jensen Huang, Kimberly Powell

Economy

Nvidia CEO Huang accused of extramarital affair with company executive Kimberly Powell

Mr Huang, Nvidia chief executive who is being investigated by the FBI and his organisation over his romantic ties with a suspected Chinese spy, dated another company executive.