The Supreme Court sitting in Abuja on Tuesday struck out the appeal filed by the PDP and its presidential candidate, Atiku Abubakar, in the February 23 2019 general election.
The five-man panel led by Justice Dattijo Muhammad said the appeal was statute-barred.
The appeal marked SC/738/2019, had sought to quash an aspect of proceedings of the Presidential Election Petition Tribunal where President Muhammadu Buhari’s re-election is being challenged.
The party had challenged the decision of the Presidential Election Petition Tribunal that prevented Atiku and his party from accessing and inspecting the central server of the Independent National Electoral Commission.
The petitioner headed to the Appeal Court to seek redress on the ruling of the tribunal.
Recall that on June 24, the lower court dismissed the appeal filed by PDP based on the ground that granting the request of Atiku and PDP would amount to delving into an application, which is the subject matter of the substantive petition.
The apex court noted that the lower court was right to have restrained itself from the application of the petitioners since parties had joined issues on the existence or non-existence of INEC central server.