The Supreme Court has dismissed the application of Atiku Abubakar and the Peoples Democratic Party (PDP) to file fresh evidence on the Chicago State University (CSU) diploma of President Bola Tinubu.
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 Inyang Okoro delivered the verdict on Thursday during the hearing of the appeals filed against Bola Tinubu’s win at the Presidential Election Tribunal Court (PEPC).
The judge noted that since the time for trial at the Court of Appeal had elapsed, the Supreme Court cannot accept fresh evidence on appeal.
No jurisdiction to entertain new evidence
The Supreme Court Judge 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, adding that 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 Ect, 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.
