The Court of Appeal in Abuja has slammed a fine of N40 million against an Abuja-based lawyer, Ambrose Owuru, over a frivolous case seeking to stop the May 29 inauguration of the President-Elect, Bola Ahmed Tinubu.
In a judgment on Thursday, a three-member panel of the court was unanimous in holding that the appeal by Owuru and his party, the Hope Democratic Party (HDP) amounted to an abuse of the court process.
In the lead judgment, Justice Jamil Tukur held that the appeal was an invitation for the court to review its earlier decision, which it cannot do.
Justice Tukur said the issues in the appeal had earlier been determined by the court while sitting as an election petition court after the 2019 election, with a judgment given on August 22, 2019.
He equally found that the Supreme Court had also heard the case and pronounced it with a judgment given on October 28, 2019.
READ ALSO
Reps grill Malami over $2.4bn illegal crude oil sale to China
Justice Tukur held that the case, having been litigated up to the Supreme Court, was an abuse of the judicial process for Owuru and his party to seek to want to have the matter relitigated.
He upheld the January 30 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja which earlier dismissed the case for being an abuse of court process.
Justice Tukur proceeded to dismiss the appeal and ordered Owuru to pay each of the respondents N10million in cost.
The respondents are President Muhammadu Buhari, the Attorney General of the Federation (AGF), the Independent National Electoral Commission (INEC) and Bola Ahmed Tinubu.
