The Supreme Court of Nigeria has dismissed, in its entirety, the appeal made by former Vice President and Presidential candidate of the Peoples Democratic Party, Alhaji Atiku Abubakar against the judgement of the presidential Election Petition Court (PEPC) upholding the victory of President Bola Tinubu in the 2023 presidential election.
In a lead judgement by Justice John Inyang Okoro, the highest Court in the land held that the failure by the Independent National Electoral Commission to transmit election results electronically did not affect the outcome of the election and could not warrant the nullification of the result of the presidential election.
The Court declined to admit the Chicago State University (CSU) deposition obtained by Atiku Abubakar from a United States court as part of a fresh evidence to prove that President Bola Tinubu violated multiple electoral laws leading to the 2023 general elections.
Justice John Okoro held that facts and evidence not rendered at the presidential election tribunal have no place in appeal.
“Facts and matters that were not rendered in the tribunal have no place in the appeal,” the court ruled, adding that “A petitioner shall not be allowed to introduce new evidences in an appeal.”
The court added that Mr Abubakar did not include forgery in his case at the tribunal and that the apex court will not be taking fresh evidence that were not tendered within the 180 days of tribunal.
The verdict nullifying the appeal against Tinubu’s victory was unanimously upheld by the seven Justices of the Supreme Court.

