Tinubu vs Atiku, Obi: S’Court dismisses PDP’s new evidence for lack of jurisdiction
The Supreme Court has dismissed Atiku Abubakar’s plea to file fresh evidence against President Bola Tinubu. Atiku is the presidential candidate of the Peoples Democratic Party (PDP) in the February 25 ,2023 presidential election.
Atiku had approached the court to grant him the leave to bring more evidence to establish that Tinubu submitted a forged certificate to the Independent National Electoral Commission (INEC). This, according to Atiku.
Atiku’s counsel Chris Uche (SAN), said the 32-page document released to his client should be admitted in the interest of justice.
Justice Inyang Okoro delivered the verdict on Thursday during the hearing of the appeals filed against Tinubu’s win at the Presidential Election Tribunal Court (PEPC).
But Justice Okoro said the time frame to admit such evidence has elapsed. He cited Section 285(5) of the 1999 Constitution, as amended, which provides for the PEPC to hear and determine all petitions arising from the presidential election.
Justice Okoro, who led the seven-member panel of justices, while reading the judgement, said, “The 180 days imposed for hearing of election petitions is immutable and cannot be extended.”
He went on to say “My noble lords, I have taken time to state the law on the issue to show the futility of this motion. It cannot be granted. The jurisdiction of this court is donated by the constitution and the electoral act regarding election petition appeals. We do not have the varace to admit this deposition, and we cannot invoke section 22 of the supreme court act, since the lower court has since lost its jurisdiction. Moreso, there is no paragraph in the petition to accommodate a case of forgery.”
Details Later…
