The Supreme Court on Monday again struck out an appeal filed by the presidential candidate of the Hope Democratic Party (HDP), Ambrose Owuru, seeking the nullification of President Muhammadu Buhari’s re-election.
The four-member panel led by Justice Olukayode Ariwoola struck out the appeal following a dramatic withdrawal of an application for the appeal to be heard afresh.
Mr Owuru and his party had requested the court to allow them to bring back their appeal which was struck out due to errors of filing two notices of appeal instead of one.
During the court hearing on Monday, the court drew the attention of the counsel representing the appellants, Sunday Ezema, to Section 285 (7) of the 1999 Constitution and was asked whether the appeal had not become statute-barred.
Mr Ezema insisted the appeal can still be heard, but however, made a u-turn and applied for withdrawal of the application.
Justice Olukayode Ariwoola in a short ruling struck out the application.
Mr Ariwoola also refused to award costs against the appellants as demanded by Yunus Usman, a counsel to the Independent National Electoral Commission (INEC) and that of the All Progressives Congress (APC), Yakubu Maikyau.
President Buhari’s counsel, Wole Olanipekun, on his part did not ask for cost against the two appellants.
Before the ruling, Mr Olanipekun had objected to the application of the appellants to hear their appeal afresh on the grounds that the time to do so had lapsed.
He argued that the appellants were not fair to the court by engaging it in a non-justiciable application that will serve no purpose other than waste the time of the court.