The application by Atiku Abubakar and the People’s Democratic Party (PDP) to present fresh evidence on the Chicago State University (CSU) diploma of President Tinubu has been dismissed by the Supreme Court.
The deposition by the Registrar of the CSU, Caleb Westberg, was rejected and ruled inadmissible on the ground that the Supreme Court lacks jurisdiction after the 180 days timeline for determination of election petition had elapsed.
Justice Okoro noted that since the time for trial at the Court of Appeal had elapsed, the Supreme Court cannot accept fresh evidence on appeal.
He noted that Atiku’s attempt to introduce fresh evidence with a view to extend the time to adjudicate the case is unfortunate.
According to him, since the Presidential Election Petition Court has no jurisdiction to entertain fresh evidence, the Supreme Court has no jurisdiction to accept fresh evidence.
He said it has to be noted that the 180 days imposed is immutable and cannot be extended.
He said Atiku failed to convince the Supreme Court why he waited until the PEPC concluded the appellant’s suit.
Justice Okoro said Atiku’s lawyers were tardy and not diligent in obtaining the documents from CSU.
According to him, on this application, fresh evidence is not received as a matter of cause.
After the expiration of the time limit by the Electoral Act, he said petitioner shall not be allowed to amend their petitions after the 21 days allowed by law.
Citing section 182 of the Electoral Act, Justice Okoro says Atiku failed to apply to the court to amend his petition to bring fresh evidence against Tinubu.
He stated it is shocking to have Atiku’s argument in print knowing how election petitions have suffered delays in the past.
Justice Okoro said it would be unfortunate to go back to the dark old days.
