Supreme Court Throws Out Atiku's Appeal

Apex Court Throws Out Atiku's Appeal

*Rejects his CSU evidence

…says it came too late

In a unanimous decision, the Nigerian apex court, the Supreme Court, has thrown out the Appeal of the Presidential candidate of the Peoples Democratic Party, PDP, Alhaji Atiku Abubakar.

The court, which gave the judgement on Thursday, further rejected his attempt to tender a copy of President Bola Tinubu’s certificate, obtained from the Chicago State University, CSU, in the United States. 

In its lead judgement, read by Justice Inyang Okoro, the court averred that the constitutionally allowed period for the admission of such evidence had elapsed. It added that section 285(5) of the 1999 Constitution, as amended, expressly gave the Presidential Election Petition Court, PEPC, a 180-day lifespan to hear and determine in writing, all petitions arising from the presidential election.

It noted further that since the PEPC had since delivered its verdict in the first instance, no provision of the law would allow the admittance of any other evidence at the appeal stage.

According to the judge, the 180 days donated to the tribunal by the Constitution, expired on September 17. He therefore averred that the Supreme Court no longer has the requisite jurisdiction to admit the document.

“This court cannot do what the trial court is no longer constitutionally permitted to do,” Justice Okoro held, adding that Atiku and the PDP could no longer invoke the provision of Section 22 of the Supreme Court Act.

The court also noted that the issue of forgery which the Appellant sought to establish through the proposed fresh evidence, was not pleaded in any paragraph of his appeal.

It therefore ruled that the Appellants no longer had the time to amend their case since the 21 days allowed for appeal had also elapsed.

“It is crystal clear that the additional evidence did not fit into issues for determination in this appeal.

“Therefore, this application is refused and accordingly dismissed,” the Supreme Court held.

Atiku had prayed the apex court to admit the fresh evidence, noting the said fresh evidence would establish that President Tinubu tendered forged certificate to the INEC, in aid of his qualification to participate in the election.

Speaking through his lead counsel, Chief Chris Uche, SAN, Atiku pleaded that though the 32-page document, released on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, US, and handed over to his client on October 2, was not pleaded, it should however be admitted in evidence, in the interest of justice.

He added that the issue surrounding the certificate purportedly obtained by Tinubu from the CSU, was weighty, noting that there was the need for the apex court to focus on doing substantial justice in the matter instead of rejecting the evidence on the alter of technicalities.

But Tinubu, speaking through his lead counsel, Chief Wole Olanipekun, SAN, prayed the court to reject Atiku’s supposed fresh evidence against him, arguing that the requisite condition precedent was not met by the Applicants to enable the apex court to be able to admit the documents in evidence.

He also argued that contrary to Atiku’s claim, a deposition by a staff member of the CSU, which Atiku attached to support his application, was done in the Chambers of a private legal practitioner in the USA.