President Bola Tinubu on Thursday survived the legal move by Atiku Abubakar to upend his presidency as the Supreme Court of Nigeria rejected additional evidence from Chicago State University (CSU), which the presidential standard bearer in the February 25, 2023 presidential poll presented to the apex court.
Atiku had filed a motion on notice at the Supreme Court, seeking two orders, including leave to produce and for the court to receive additional evidence from CSU for use in the appeal.
Atiku had challenged the judgment of the Presidential Election Petition Court (PEPC), which dismissed his election petition against the outcome of the election which affirmed the election of President Bola Tinubu.
The motion on notice contained evidence disclaiming the certificate from CSU presented by President Tinubu to the Independent National Electoral Commission (INEC) for the 2023 presidential election.
However, the Supreme Court in a judgement delivered by Justice Inyang Okoro, rejected the motion on notice, stressing that fresh evidence could not be entertained and that the evidence was late.
“An election tribunal shall determine its judgment within 180 days of filing of petition and therefore the court of appeal loses jurisdiction after 180 days.
“The Supreme Court cannot activate Section 22 of the Supreme Court Act after 180 days have lapsed at the lower court. I still wonder how the appellants intend to use the evidence in this appeal.
“The application to file fresh evidence runs foul of the provisions of the Electoral Act that prohibit the amendment of an election petition of 21 days of the election petition.
“The Supreme court found as ridiculous the submission of Atiku Counsel that the 180-day rule does not apply to courts of appeal sitting on the presidential election petition.
“The provisions of the Constitution has spoken. There cannot be an addendum. Appeals are continuations of hearings on matters of the lower court,” Justice Okoro ruled.
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