The People Democratic Party candidate in the 2023 Presidential Election, Atiku Abubakar, has appealed to the Supreme Court to allow him present fresh evidence why President Bola Tinubu should be unseated.
The appeal was filed yesterday by Peoples Democratic Party (PDP) and Labour Party (LP) challenging judgment of the Court of Appeal, which affirmed the victory of President Bola Tinubu in the presidential election.
John Inyang Okoro, the lead justice of the panel hearing the appeal by both parties reserved judgment after taking their submissions.
At the sitting, a Senior Advocate of Nigeria (SAN), Chief Chris Uche, appeared for the appellants; Abubakar Mahmoud (SAN) announced appearance for Independent National Electoral Commission (1st respondent); Chief Wole Olanipekun (SAN) represented the 2nd respondent, President Bola Tinubu; while Chief Akin Olujimi (SAN) announced legal representation for APC (3rd respondent).
Uche said: “We are praying for an order of leave to present fresh evidence on appeal, pursuant to the powers of the Supreme Court, particularly the depositions on oath from the Chicago State University.”
He urged the court to grant the motion and allow their appeal, grant the prayers sought, and disqualify Tinubu.
Justice Okoro stressed that the case was of great public importance. However, he wondered if the evidence Atiku sought to tender was not geared towards establishing an allegation that has elements of crime.
Noting that there were contradictory documents relating to the CSU certificate, Okoro said: “This is a criminal offence, which ought to be resolved beyond reasonable doubt. So, when you see this kind of discrepancies, I don’t know how we can resolve it.’’
“This is a serious matter. It is not to admit the document that is difficult, but after that, what do we do with it? Are we going to draft a charge and ask someone, did you forge these documents? That notwithstanding, we are here to do justice, and there is no room to cover anything.”
Mahmoud, Olanipekun and Olujimi urged the court to dismiss both the motion and appeal for lacking merit.
The court also reserved judgment in the appeal filed by Peter Obi and his party against the tribunal’s judgment affirming Tinubu’s election.
The seven-man panel, after listening to submissions of the parties, said a judgment date would be communicated to them.
Meanwhile, the All Progressives Congress (APC) has ruled out possibility of the presidential candidate of PDP emerging victorious at the Supreme Court.
“Court cases are won on the strength of cogent, credible, compelling or substantial evidence, not on hollow, implausible, capricious tales and fabrications of the kind that Atiku Abubakar dumped on the court, in the guise of a ‘body of evidence’, evidencing nothing,” APC said in a statement by National Publicity Secretary, Felix Morka.
It added: “PDP must also be thoroughly deluded to imagine that it can get through the court what it deservedly failed to get through the polls. Its claim that the election was ‘manipulated’ against its candidate is both ridiculous and insulting to millions of Nigerians who voted massively for the APC and its candidate, now President Bola Ahmed Tinubu.”
The Supreme Court had earlier dismissed the petition by Allied People’s Movement (APM) against the declaration of Tinubu as winner of the presidential election. This followed an application for withdrawal by the counsel to APM.
