PDP presidential candidate Atiku Abubakar is appealing the Presidential Election Petition Court’s ruling that he lost the election in 2023 because the court did not consider the “Doctrine of Legitimate Expectation” when ruling that INEC did not follow its own rules and the Electoral Act of 2022.
In a Notice of Appeal filed on September 18 by his lead attorney, Chief Chris Uche, SAN, Atiku argued that the Supreme Court should overturn the entire judgement of the lower court since the tribunal had failed to apply the aforementioned concept.
Ground seven of Atiku’s notice argued that the lower court had made a legal mistake by not declaring the February 25, 2023 presidential election null and void due to violations of the Electoral Act of 2022.

Atiku argued that INEC ran the presidential election based on a false promise to appellants and the voting public that results would be transmitted electronically from polling places to the 1st Respondent’s Collation System.
He claimed that the new Electoral Act of 2022 and the implementation of technological innovations had been undermined because the first respondent had not used electronic transmission of election results or the electronic collation system in the election in question.
“Rather than holding the 1st Respondent (INEC) as a public institution accountable to the representations that it made pursuant to its statutory and constitutional duties, which created legitimate expectations on the part of the Appellant, the lower court wrongly exonerated the 1st Respondent of any responsibility by holding that the use of the technological innovations to guarantee transparency was not mandatory.”
According to the ex-Vice President, the election on February 25 was not free and fair and did not follow the principles of the Electoral Act 2022 because it was “conducted based on very grave and gross misrepresentation” and was therefore oppressive to the appellants.
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