The Supreme Court on Monday struck out a fresh suit filed by the Hope Democratic Party (HDP) and it’s presidential candidate, Ambrose Owuru, challenging the declaration of President Muhammadu Buhari as the winner of the Feb. 23 presidential election.
The apex court bowed to hear the appeal afresh following protest by the party that the court’s earlier decision which dismissed the appeal was based on a technicality rather than on merits of the law.
The apex court struck out the appeal following the dramatic withdrawal of an application praying for the restoration of the appeal to be heard afresh.
Justice Olukayode Ariwoola who led four other Justices in a short ruling struck out the application. Ariwoola in the ruling agreed that the application of the appellants had been caught up by section 285 of the 1999 constitution and as such no longer has a life to maintain it.
He, however, declined to award cost against the appellants as demanded by counsel to the Independent National Electoral Commission INEC Yunus Usman SAN and that of the All Progressives Congress APC Yakubu Maikyau SAN.
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