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Breaking: Supreme Court Dismisses Atiku Application Seeking To File Fresh Evidence Against Tinubu
The Supreme Court has refused to grant leave to Atiku Abubakar to file fresh evidence in his appeal against the judgement of the Presidential Election Petition Court which upheld the election of President Bola Tinubu.
The fresh evidence in question is the alleged forged Chicago State University certificate allegedly submitted by Tinubu to the INEC .
Reading the lead judgement , Justice John Okoro who presided over the seven member Justices held that the apex court lacked jurisdiction to accept the evidence .
He held that facts and evidence that were not pleaded at the lower tribunal cannot be imported at the appellate court .
He added that the time to plead such evidence lapsed on September 17 when the lower court ceased to to have jurisdiction over the matter.
He noted that the time fixed to do a thing by the constitution cannot be extended by any court .
Justice Okoro further held that the 180 days fixed for hearing election petition is immutable and cannot be extended .
“This motion is in futility , it cannot be granted. We do not have the vires to grant this evidence . If the time allocated to the Lower court to entertain it has elapsed, then this court cannot entertain it .
“Should the deposition be admitted , it will flow in the appeal.
“On this application , fresh evidence are not received as matter of cause. There are conditions in which it can be granted , but the applicant has not justified any of the condition in the instant case.
The appellant failed to convince this court why he waited till the lower court delivered its judgment and lost.
“It should be noted that appeal is a continuation of hearing and it does not stand on its own .
” The Appellant is a bit tardy and not diligent enough in handling this matter.
“The additional evidence is not fit into this appeal .
“The application to introduce fresh evidence is hereby refused and dismissed “, the court held .
The court is moving into the main appeal
