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The Supreme Court of Nigeria has rejected a plea by the 2023 Presidential Candidate of the Peoples Democratic Party, (PDP), Abubakar Atiku, to file fresh evidence against President Bola Tinubu.
The apex court rejected Atiku’s fresh evidence to prove President Tinubu’s alleged submission of a fake certificate to the Independent National Electoral Commission (INEC) ahead of the 2023 presidential election at the ongoing proceedings taking place at the Supreme Court complex in Abuja, Nigeria’s capital.
Taking a decision on the matter, the chairman of the 7-member panel, Justice John Okoro, resolving the appeal said that the appellants failed to meet the 180-day timeframe provided by the constitution for the amendment of electoral applications.
The Supreme Court judge also ruled that the appellants were tardy and did not do due diligence in obtaining the new evidence on time.
The Supreme Court held that it lacked jurisdiction to admit fresh evidence in the appeal of the judgment of the presidential election petition tribunal.
The suit marked SC/2023 CA/PEPC/05/2023 was filed with Atiku and the Peoples Democratic Party (PDP) as the Appellants while the Independent National Electoral Commission (INEC), Bola Ahmed Tinubu and the All Progressives Congress (APC) are the Respondents.
The Appellants in the Notice of Appeal said they were “dissatisfied with the decision more particularly stated in paragraph 2 herein, contained in the consolidated judgment of the Court of Appeal (sitting as the Presidential Election Petition Court), coram:- Haruna Simon Tsammani, JCA, Stephen Jonah Adah, JCA, Misitura Omodere Bolaji-Yusuff, JCA, Boloukuroma Moses Ugo, JCA, and Abba Bello Mohammed, JCA delivered 6th September 2023 in Petition No. CA/PEPC/05/2023 between Abubakar Atiku & Anor vs Independent National Electoral Commission & others.
“Particularly contained from pages 487 to 752 of the consolidated judgment (as well as the concurring contributions and rulings thereto) doth hereby appeal to the Supreme Court upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4.”
Meanwhile, the Presidential Election Petition Court had dismissed the petition filed by the PDP and Atiku challenging the election of President Bola Tinubu. The tribunal also dismissed the petition of Peter Obi of the Labour Party, challenging Tinubu’s election, describing it as “unmeritorious”.
