Supreme Court Strikes Out HDP’s Case
The Supreme Court of Nigeria on Monday dismissed a fresh suit filed by the Hope Democratic Party (HDP) and it’s presidential candidate, Ambrose Owuru, against the election victory of President Muhammadu Buhari in the Feb. 23 presidential election.
It will be recalled that the HDP and its 2019 presidential candidate had asked the apex court to reverse itself in the ruling delivered on October 3.
They argued based on order 8 rule 2 of the Supreme Court Rules and sections 6 and 36 of the 1999 constitution as well as section 22 of the Supreme Court Act that the court gave its initial ruling which struck out its appeal based on technicalities and not merits of the law. They claimed that the judgment delivered by Justice Mary Peter Odili in favour of Buhari was invalid. 
The apex court conceded and decided to hear the appeal afresh following protest by the party.
However, on Monday, Justice Olukayode Ariwoola who led four other Justices in a short ruling struck out the application.
He ruled that the application of the appellants had been caught up by section 285 of the 1999 constitution, become statute-barred and as such no longer has a life to maintain it.
Counsel to the appellants Mr. Sunday Ezema when his attention was drawn to section 285 (7) of the 1999 constitution initially said the suit can still be heard before making a dramatic u-turn and applied for a withdrawal of the application.
Lawyers to the Independent National Electoral Commission (INEC), Yunus Usman SAN and that of the All Progressives Congress (APC), Yakubu Maikyau SAN asked the judge to award cost against the appellant for wasting the court’s time.
Buhari’s counsel Wole Olanipekun, SAN, however, did not ask for cost against the two appellants but agreed the case was a frivolous case that has become statute-barred.
Justice Ariwoola struck out the case by HDP and Owuru but declined to award any cost against the appellants as demanded by the INEC and APC lawyers.
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