Alex Enumah in Abuja
The Hope Democratic Party (HDP) and its candidate in the February 23 presidential election, Chief Ambrose Owuru, have asked the Supreme Court to reverse itself in the judgment dismissing the appeal filed against the election of President Muhammadu Buhari.
The apex court had on October 3 struck out the appeal of HDP and Owuru against the verdict of the Presidential Election Petition Tribunal, which dismissed their petition for lacking in merit.
The Supreme Court had in a ruling on a preliminary objection filed by respondents in the appeal held that the appellants engaged in gross abuse of court processes by filing two notices of appeal contrary to the provisions of the law.
The HDP claimed that the judgment delivered in favour of Buhari on October 3 is invalid and unconstitutional on the grounds that it was based on technicalities.
But in a fresh motion on notice brought pursuant to order eight rule two of the Supreme Court rules and sections 6 and 36 of the 1999 constitution as well as section 22 of the Supreme Court Act, the appellants pleaded with the court to restore their appeal for fresh hearing on merit.
The motion filed by Chukwunonyerem Njoku, the appellants insisted that the dismissal of their appeal on October 3 on technical grounds was without compliance with the mandatory procedure.
The fresh motion predicated on eight grounds indicated that the appeal dismissed on preliminary objection without requisite applications after filed briefs and incorporation of notice of objection without leave of the apex court is a nullity and liable to be set aside.
Other ground is that by virtue of order 8 upon which the dismissal was based, an appellant whose appeal has been dismissed under the rule may apply by notice of motion that the appeal be restored.
They further claimed that the decision of the court arising from respondents’ ambush, intimidation, misdirection of court and non compliance with the strict rules and procedures for hearing notice of preliminary objection is invalid and a nullity in law and liable to be set aside.