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Alleged Forgery: Atiku Abubakar applies to file fresh evidence against Tinubu at Supreme Court
Politics
THE presidential candidate of the Peoples Democratic Party, PDP, Atiku Abubakar, has applied for leave of the Supreme Court to file what he termed as fresh evidence.
In a motion he filed through his team of lawyers, Atiku said the evidence he is seeking to tender before the apex court would establish his allegation that President Bola Tinubu submitted forged documents to the Independent National Electoral Commission, INEC, in aid of his qualification to participate in the presidential election that held on February 25.
The former Vice President maintained that President Tinubu, by his action, committed a twin offence of forgery and perjury, and therefore deserved to be removed from office by the Supreme Court.
Atiku specifically sought the leave of the court to tender Tinubu’s academic records which he said were handed over to him by the Chicago State University, CSU, on October 2, 2023.
According to the motion, the 32-page document was released by the CSU on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.
Atiku predicated his motion for leave to file fresh evidence against Tinubu on Order 2, Rule 12(1) of the Supreme Court Rules 1985, Section 137(1) of the 1999 Constitution, as amended, as well as the inherent jurisdiction of the apex court as encapsulated in Section 6(6)(a) of the 1999 Constitution.
Though the application was dated October 5, Atiku’s legal team perfected the filing process on Friday night.
The PDP presidential candidate basically prayed the court for an order granting him leave “to produce and for the court to receive fresh and additional evidence by way of deposition on oath from the Chicago State University for use in this appeal to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu to the Independent National Electoral Commission.”
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(5). The 2’d Respondent applied and wasjoined in the matter as an Intervenor, vehemently opposirg rhe applicalioo.
(6). On Septemb er 19, 2023, the Court issued al order granting the application.
(7). Thereafter, the 2’d Respondent applied for an emergency stay ofthe Coul Order, claiming that he would suffer irreparable damage and irjury if his educational records were released: r,r,hich order ofstay was gmnted.
(8). On Septemb et 30, 2023, the Coufi ovem:led the 2nd Respondent’s Objections and ordered Chicago State University to produce tbe documents on October 2, 2023, and to produce a witness for deposition on October 3, 2023.
(9). On October 2,2023. Cblcago State University produced the documents pursuant to the Coun’s Order.
(10). On October 3, 2023, also pursuant to the Court’s Order, Chicago State Unive$ity provided a witrless to give deposition testimony, in which deposition, Chicago State University disclaimed orvnership and authorship of the document that the 2’d Respondent presented to INEC, purpofiing to be “Chicago State Unjversity cerlificate” and also disclaimed issuing any replacement cefiilicate to him.
(l 1). The deposition was no1 in existence or available at the time of filing the Petition or at the hearing ofthe Petition.
(12). The deposilion sought to be adduced is, along with its accompanying documents, such as would have important effect in the resolution of this appeal.
(13). The deposition is rclevant to this matter, having confirmed that the certificate presented by the 2’d Respondent to the Independent National Electoral. (channels)
A.
-October 09, 2023 @ 13:56 GMT |
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