Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP), has filed an application with the Supreme Court of Nigeria seeking permission to introduce fresh evidence in his appeal challenging the outcome of the 2023 presidential election.
His application is based on Order 2, Rule 12(1) of the Supreme Court Rules 1985 and Section 137(1) of the Nigerian constitution.
He seeks to introduce new evidence related to President Tinubu's academic records from Chicago State University (CSU).
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Atiku is heading to the Supreme Court over Bola Tinubu's CSU documents. Photo: BBC[/caption]
Atiku had previously questioned the authenticity of President
Tinubu's CSU certificate submitted to the Independent National Electoral Commission (INEC) for the election.
The allegations of forgery were dismissed by the Presidential Election Petition Court in Abuja, which affirmed President Tinubu's election.
Atiku went further to obtain a court order in the United States to compel CSU to release President Tinubu's academic records. Documents, including a deposition by the CSU registrar, were released to Atiku.
Atiku's application to the Supreme Court aims to introduce the CSU registrar's deposition and other relevant documents as evidence in his appeal.
He argues that the deposition is credible and believable and should be considered by the court.
Atiku contends that allegations of forgery and perjury in relation to a presidential candidate's submission of documents to INEC are serious constitutional matters.
He seeks the removal of President Tinubu as president based on these allegations.
Introducing new evidence at the Supreme Court that was not tendered at the trial court poses a procedural challenge.
Atiku's legal team argues that the evidence was not obtainable with reasonable diligence before the trial at the lower court.
Atiku's lawyers assert that the Supreme Court has the power, jurisdiction, and discretion to approve the application for additional evidence on appeal, citing relevant provisions of the Supreme Court Rules.
The part of the rules cited reads via
Premium Times: “A party who wishes the court to receive the evidence of witnesses (whether they were or were not called at the trial) or to order the production of any document, exhibit or other thing connected with the proceedings in accordance with the provisions of Section 33 of the Act, shall apply for leave on notice of motion prior to the date set down for the hearing of the appeal.
“The application shall be supported by an affidavit of the facts on which the party relies for making it and of the nature of the evidence or the document concerned."
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