The Supreme Court dismissed Atiku’s application to tender fresh evidence on the grounds that the court lacked the jurisdiction to entertain such evidence that was not tendered before the lower court.
The Supreme Court has rejected the application by Atiku Abubakar to tender fresh evidence of certificate forgery against President Bola Tinubu.
A five-member panel led by John Okoro dismissed the application on Thursday on the grounds that the Supreme Court lacked the jurisdiction to entertain such evidence that was not tendered before the lower court.
Mr Okoro, who is delivering the lead judgement of the court on the appeal Mr Atiku filed to challenge Mr Tinubu’s election, also said the appellant’s lawyers were tardy in their attempt to obtain the evidence and tender it.
According to Mr Okoro, as of the time Atiku brought the document, the trial Presidential Election Petition Court had lost jurisdiction to hear Atiku’s petition challenging Mr Tinubu’s election.
He added that the Supreme Court did not have the power to accept and act on the evidence the lower court did not have and acted on.
Mr Okoro wondered why Atiku sought to tender the fresh evidence when the grounds of his appeal had nothing to do with forgery against the president.
“The jurisdiction of this court is donated by the Constitution. One wonders what the appellant (Atiku) intends to do when none of his grounds of appeal is hinged on forgery against the second respondent (Mr Tinubu.)”
The Justice explained that Atiku’s attempt to introduce the fresh evidence was aimed at reversing the gains made in speedy adjudication of electoral disputes that had been marred by prolonged hearings.
The court added that such a document to purportedly prove the allegation of certificate forgery could not be accepted because the allegation of forgery was not part of the Atiku’s petition at the lower court.
“Evidence not supported by pleadings goes to no issue,” Mr Okoro said.
The fresh evidence Atiku sought to tender is a deposition by the registrar of the Chicago State University to prove that the university’s certificate Mr Tinubu submitted to INEC was not issued by the university.
The court is currently reading the lead judgement on Atiku’s substantive appeal against Tinubu.