The Supreme Court , on Thursday, dismissed application by the presidential candidate of Peoples Democratic Party (PDP), Atiku Abubakar, seeking to present fresh evidence over alleged forgery of the Chicago State University (CSU) diploma of President Bola Tinubu.
The apex court further rejected the deposition by the Registrar of the CSU, Caleb Westberg and held that the deposition was inadmissible on the grounds that the Supreme Court lacks jurisdiction as the 180 days timeline for determination of election petition had elapsed.
Justice of Supreme Court (JSC), Justice John Okoro, further held that since the time for trial at the Court of Appeal had elapsed, the Supreme Court cannot accept fresh evidence on appeal.
The JSC noted that Atiku’s attempt to introduce fresh evidence with a view to extend the time to adjudicate the case is unfortunate.
According to him, since the Presidential Election Petition Court (PEPC) has no jurisdiction to entertain fresh evidence, the Supreme Court lacks jurisdiction to accept fresh evidence.
Justice Okoro also held that the 180 days imposed is immutable and cannot be extended.
The JSC said Atiku failed to convince the Supreme Court why he waited until the PEPC concluded the appellant’s suit.
Justice Okoro also said Atiku’s lawyers were tardy and not diligent in obtaining the documents from CSU.
The JSC stated that on the instant application , fresh evidence is not received as a matter of cause.
Justice Okoro also held that after the expiration of the time limit by the Electoral Act, petitioner shall not be allowed to amend their petitions after the 21 days allowed by law.
Citing section 182 of the Electoral Ect, Justice Okoro held that Atiku failed to apply to the court to amend his petition to bring fresh evidence against Tinubu.
The JSC then held that it is shocking to have Atiku’s argument in print, knowing how election petitions have suffered delays in the past.
Justice Okoro said it would be unfortunate to go back to the dark old days.
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