APPEAL: SUPREME COURT DISMISSES ALHAJI ATIKU ABUBAKAR’S MOTION SEEKING TO FILE FRESH EVIDENCE 26-10-23
By Sadiq Aminu The Supreme Court has dismissed the motion by former Vice President and candidate of the Peoples Democratic Party, Alhaji Atiku Abubakar, seeking leave of court to file fresh evidence in his appeal against the victory of President Bola Tinubu, in the February 25, presidential election.
Atiku, had in the motion, pleaded the apex court to grant him leave to bring in additional evidence by way of depositions on oath from the Chicago State University for use in his appeal, the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University disclaiming the certificate presented President Bola Tinubu to the Independent National Electoral Commission.
Ruling on the motion, the 7-Man Panel of Justices led by Justice Inyang Okoro, held that the apex court had no jurisdiction to grant the filing of fresh evidence that was not pleaded at the Presidential Election Petitions Court.
Justice Okoro held that Atiku would have deemed it fit to file for an amendment of his pleadings and for extension of time, since the 180 days allowed by the Constitution had elapsed since the 17th of last month.
As at the time of filing this report, the justices were taking a decision on the merit of the main appeals brought by the appellants challenging the victory of Bola Tinubu in the February 25 presidential election.