Law
Supreme Court turns down Atiku’s request to file fresh forgery evidence against Tinubu
From left to Right: Julius Abure (labour party national Chair) Umar Damagum(Acting PDP chair) and Abdullahi Umar Ganduje(APC) at supreme court
***says no amendment can be made that was not contained in election petition
The application of former Vice-President Atiku Abubakar, Presidential candidate of the Peoples Democratic Party (PDP) in the February 2023 general election to file fresh evidence against President Bola Tinubu has been turned down by the Supreme Court
Atiku had requested the court to allow him file the evidence obtained from Tinubu’s record at Chicago State University.
He had insisted that Tinubu submitted forged documents to the Independent National Electoral Commission (INEC).
But Tinubu countered him on the grounds that Atiku made the plea outside the 180 days stipulated period.
Justice Inyang Okoro, chairman of the 7-man panel, on thursday pointed out that the time allotted to election petitions is fixed like the “Rock of Gibraltar” that cannot be extended or expanded.
“It has to be noted that the 180 days imposed is immutable and cannot be extended… Election petitions are sui generis and have their own peculiarities… the court below lost its jurisdiction to determine any matter concerning the petition after the 180 days which expired on September 17. This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.”
“No amendment can be made introducing new facts not contained in the election petition as stated in section 132(7) of the Electoral Act. This application clearly runs foul of the Electoral Act.”