Judiciary
By Anthony Isibor
THE Supreme Court has reserved judgment in the appeal seeking to dismiss and set aside the judgment of the Presidential Election Petition Court, PEPC, filed by Atiku Abubakar, and Peter Obi, the presidential candidates of the Peoples Democratic Party, PDP, and Labour Party, LP respectively.
The seven-man panel of justices, led by Justice Inyang Okoro, after hearing both appeals on Monday in Abuja, said that the date for judgment would be communicated to the parties.
Other justices on the panel are Justice Uwani Abaji, Justice Lawal Garba, Justice Ibrahim Saulawa, Justice Adamu Jauro, Justice Tijani Abubakar, and Justice Emma Agim.
Part of the issues under contention are the admissibility of the fresh evidence against President Tinubu which Atiku obtained from the Chicago State University in the United States.
During the hearing at the Supreme Court, Chris Uche, SAN, the counsel to Atiku prayed for an order of leave to present the fresh evidence on appeal based on the deposition on oath from the university.
He stated that the application is predicated on 20 grounds and an affidavit of 20 paragraphs filed on behalf of Atiku.
According to him, upon the receipt of counter-affidavit from President Tinubu, APC and INEC, we filed a written address dated 18 October.
He urged the court to grant their request to admit the fresh evidence of President Tinubu’s academic records from the CSU presented by Atiku, noting that the issue involving Tinubu’s certificate is a weighty, grave and constitutional one.
Uche added that the Supreme Court has a duty to take a look at Tinubu’s records and reach a decision devoid of technicality. He also added thst the issue aboutTinubu’s certificate is a constitutional matter which the court should look into.
He said “There is a slight distinction between proceedings in the US and the UK.
“In the US, that is how court proceedings are done.
“Mr Tinubu was represented by a US lawyer, but he did not object to the proceedings being held in Atiku’s lawyer’s law office.”
Uche also stated that depositions are more effective than letters from the CSU authorities regarding the authenticity of Tinubu’s academic records.
Responding to the plea from Atiku’s counsel, the presiding Justice Okoro, asked Uche whether the Supreme Court should rely on the Electoral Act or the Constitution, wondering why the Supreme Court would brush aside constitutional provisions and entertain the fresh evidence.
Justice Okoro explained that criminal matters have to be proved beyond reasonable doubt. “But in this case, there are two conflicting letters from the CSU – one authenticating the president’s certificate and another discrediting it, “Which do we rely on?,” he asked.
Similarly, Justice Emmanuel Agim, a member of the panel, also asked Uche to explain the nature of Atiku’s fresh documents he seeks to tender before the Supreme Court.
Justice Agim also asked whether the testimony by CSU registrar was conducted in a court.
According to him, Uche’s court filing shows that the testimony by the CSU registrar was held in Atiku’s lawyer’s law office in the US.
Justice Agim added that the CSU did not issue any letter discrediting Tinubu’s certificate.
“We are dealing with a matter that touches on the national unity of Nigeria.” he said.
Reacting to Atiku’s lawyers plea, Abubakar Mahmoud, counsel to the Independent National Electoral Commission, INEC, also asked the Supreme Court to dismiss the application seeking to tender Tinubu’s academic records, describing it as a very unusual application.
According to him, fresh evidence is not admissible.
He further argued that the question of 180 days statutory period within which an election petition should be filed and determined is clear. “It is sacrosanct. It cannot be shifted. Therefore, Atiku cannot seek to tender fresh evidence at the Supreme Court.
“The courts are bound by the law, and the law is to be interpreted as it is,” he said.
Realnews recalls that Atiku and Obi had filed an appeal at the Supreme Court after the PEPC in September dismissed their petitions challenging the declaration of Bola Tinubu as the duly elected president in the election, following which Atiku demanded mote evidence from the Chicago State University.
A.
-October 23, 2023 @ 18:57 GMT |
Tags: Abubakar Mahmoud Justice Adamu Jauro Justice Emma Agim. Justice Ibrahim Saulawa Justice Lawal Garba Justice Tijani Abubakar Justice Uwani Abaji
