We Can’t Admit Fresh Forgery Evidence Against Tinubu – Supreme Court Tells Atiku

BY VICTOR BUORO – The Supreme Court on Thursday told former Vice President and Presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar that it cannot accommodate fresh evidence against President Bola Tinubu concerning the February 25 presidential election.

In dismissing Atiku’s application seeking that he be allowed to file the evidence obtained from Tinubu’s record at Chicago State University, the apex Court said entertaining such request would amount to abuse of the Court processes.

Ruling on the PDP’s candidate request Thursday, Chairman of the Seven-member panel, Justice Inyang Okoro said the time allotted to election petitions is fixed like the “Rock of Gibraltar” that cannot be extended or expanded.

The apex court maintained that the Appellant had adequate time to canvass its case at the Presidential Election Petition Tribunal (PEPT) and there is no remedy because the 180-day timeframe is immutable and cannot be extended.

Justice Okoro said the Appellant’s deposition seeking to tender fresh evidence to nullify President Tinubu’s election cannot fly since it is impossible for the apex Court to invoke section 22 after expiration of 180 days, adding specifically that it cannot look into a matter not treated in the lower Courts nor allow the appellant to amend his case.

According to him; “It has to be noted that the 180 days imposed is immutable and cannot be extended.

“Election petitions are sui generis and have their own peculiarities… The court below lost its jurisdiction to determine any matter concerning the petition after the 180 days which expired on September 17.

“This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.

“No amendment can be made introducing new facts not contained in the election petition as stated in section 132(7) of the Electoral Act.”

Consequently, the Supreme Court ruled thus; “This application clearly runs foul of the Electoral Act.”

The PDP flag bearer, in his submission, had argued that Tinubu submitted forged documents to the Independent National Electoral Commission (INEC) ahead of the 2023 presidential poll.

However, in opposing Atiku’s request,  Tinubu, as the second respondent in the appeal filed at the apex Court argued against it on the grounds that the plea was made outside the 180 days stipulated period as contained in the 2022 Electoral Act.