The Supreme Court has dismissed the recent attempt by the Presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, to present fresh evidence in his appeal against the victory of President Bola Tinubu in the February 25 presidential election.
In an application filed on October 6th, Atiku requested the apex court to grant him leave to introduce new evidence in the form of depositions on oath from the Chicago State University, which he believed would strengthen his case.
The 32-page deposition, obtained from the District Court of Illinois, Eastern Division, Illinois, and United States of America, was meant to support Atiku’s appeal.
In his ruling on Thursday, Justice John Inyang Okoro emphasized that the main issue at hand was whether the court, in its present composition, had the power to grant Atiku’s motion.
Justice Okoro further explained that none of the seven issues raised by Atiku in his claim were related to or encompassed forgery, which was the main subject of the fresh evidence being sought.
“The Constitution does not permit such action, and this court lacks the jurisdiction to admit fresh evidence that was not part of the original claim,” Justice Okoro stated.
Moreover, the Supreme Court pointed out that Atiku had failed to file for an amendment of his pleadings or an extension of time, despite the Constitution’s 180-day deadline expiring on September 17, 2023.
The court emphasized that appeals are meant to be a continuation of the initial hearing and not a platform for introducing new evidence.
“Additional evidence in an appeal is not allowed and, therefore, the court refuses and dismisses Atiku’s motion,” the ruling concluded.
Meanwhile, the Supreme Court is currently hearing Atiku’s main appeal. The judgment on the appeal is pending.
