The Supreme Court of Nigeria has rejected the additional evidence from Chicago State University (CSU) presented to the apex court by Atiku Abubakar, candidate of the People’s Democratic Party (PDP) in the 2023 presidential election.
Justice John Okoro, who wrote the lead judgment in the appeal by Atiku Abubakar and the PDP, is currently reading the judgment.
Justice Okoro has chosen to first determine the merit of the motion by Atiku and the PDP to supply fresh evidence in the form of documents obtained from the Chicago State University on President Bola Tinubu’s academic records.
The judge said in determining the merit of the motion, the court will first ascertain whether the nation’s law, as at today, allows the court to accept this fresh evidence at this stage.
Atiku had filed a motion on notice with the Supreme Court, seeking two orders, including a leave to produce and for the court to receive additional evidence from CSU for use in the appeal.
Atiku is challenging the judgement of the Presidential Election Petition Court (PEPC), which dismissed his election petition, challenging the outcome of the February 25 presidential election and affirmed the election of President Bola Tinubu.
The motion on notice contained evidence disclaiming the certificate from CSU presented by President Tinubu to the Independent National Electoral Commission (INEC) for the 2023 presidential election.
However, the Supreme Court in a judgement delivered by Justice Inyang Okoro, rejected the motion on notice, stressing that fresh evidence cannot be entertained and the evidence was belated.
“An election tribunal shall determine its judgement within 180 days of filing of petition and therefore the court of appeal lost jurisdiction after 180 days
“The Supreme Court cannot activate its Section 22 of the Supreme Court Act after 180 days has lapsed at the lower court. I still wonder how the appellants intend to use the evidence in this appeal.
“The application to file fresh evidence runs foul of the provisions of the Electoral Act that prohibits the amendment of election petition of 21 days of the election petition.
“The Supreme court found as ridiculous the submission of Atiku Counsel that the 180-day rule does not apply to court of appeal sitting on the presidential election petition.
“The provision of the Constitution has spoken. There cannot be addendum. Appeals are continuation of hearing on matters of the lower court,” Justice Okoro ruled.
