The apex court held that the request lacked merit because it was brought by Atiku after the parties had joined issues on the existence or otherwise of the server.
According to the unanimous judgment delivered by Justice Chima Nweze, the Presidential Election Petition Tribunal was in order in refusing to grant Atiku’s request at the time it was made so as not to prejudice other parties in the matter.
In addition, the apex court held that the appeal lacked merit because the appellants failed to prove how the decision of the tribunal was unfair to them.
Justice Nweze said a party can only complain of the lack of fair hearing when discretion of court was wrongly or arbitrarily used by the court, adding that in this instant case the tribunal used its discretion judicially and judiciously.
“I see no reason to depart from the decision of the lower court, the appeal is lacking in merit and is hereby dismissed,” the judge held.