Supreme Court Dismisses Atiku’s Fresh Evidence Against President Tinubu

The Supreme Court has dismissed the motion by the Presidential 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, in the motion dated 5th October, filed on the 6th, pleaded with the apex court to grant him leave to bring in fresh evidence by way of depositions on oath from the Chicago State University for use in his appeal.

The 32-page deposition was released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, and United States of America.

In a ruling on Thursday, Justice John Inyang Okoro held that a clinical look at the issues formulated by all the parties, it is clear that the argument is whether this court as presently constituted has the power to grant the motion.

Justice Inyang Okoro held that out of the 7 issues distilled by Atiku for determination, none related or covered forgery, which the appellant is seeking to bring in.

“The Constitution does not permit that, and this court has no jurisdiction to grant the filing of fresh evidence that was not pleaded at the PEPC.”

More so, the Supreme Court held that Atiku did not even deem it fit to file for an amendment of his pleadings and for an extension of time, since the 180 days allowed by the Constitution had elapsed since September 17, 2023.

The Apex Court held that appeals are a continuation of the hearing of petitions and not introducing fresh evidence.

“Additional evidence in an appeal is not allowed and therefore refused and dismissed,” the court held.

Meanwhile, Judgment on the main appeal by Atiku is ongoing.

Dominica Nwabufo