Supreme Court Rejects Atiku’s Request for Fresh Evidence in Election Challenge
The Supreme Court has made a significant ruling in the case of Atiku Abubakar, the Peoples Democratic Party (PDP) candidate, who sought to present fresh evidence in his election challenge against President Bola Tinubu’s victory. In its decision, the court declared that Atiku’s motion to file fresh evidence runs afoul of the provisions stated in the Electoral Act.
Justice John Okoro, delivering the judgment, pointed out that the Electoral Act strictly prohibits the amendment of an election petition in such a manner. Furthermore, he emphasized that the deadline for tendering evidence had already passed and could not be extended. According to Justice Okoro, the 180-day timeline for hearing election petitions is unalterable and cannot be extended. Thus, the Supreme Court cannot invoke section 22 of its act after the expiration of the 180-day period for the trial court to deliver a judgment.
Justice Okoro initially assessed the merit of Atiku’s motion and the PDP’s request to present fresh evidence obtained from the Chicago State University regarding President Bola Tinubu’s academic records. He emphasized the need to determine whether the law permits the acceptance of fresh evidence at this stage of the petition. Ultimately, the judge ruled against the motion, stating, The court found as ridiculous the submission of Atiku’s counsel that the 180-day rule does not apply to the Court of Appeal sitting on the presidential election petition. Even an application to amend their petition to accommodate the fresh evidence could not be granted. The application for fresh evidence cannot be granted. We do not have jurisdiction, and there is no pleading or issue for determination in this appeal on the allegation or forgery. Fresh evidence is not granted as a matter of course.
This ruling by the Supreme Court serves as a setback for Atiku and the PDP, as they are unable to present additional evidence in support of their election challenge. The decision underscores the court’s adherence to the Electoral Act and the established timelines for such cases. It also highlights the significance placed on following proper procedures and adhering to the rules of law in electoral matters.
With this ruling, the Supreme Court has reaffirmed its commitment to upholding the integrity of the electoral process and ensuring that justice is served. Despite the disappointment for Atiku and the PDP, it is essential to respect the decision of the court and acknowledge that fresh evidence cannot be granted automatically. Ultimately, this ruling will have a lasting impact on future election challenges, setting a precedent for the strict adherence to established timelines and procedures as outlined in the Electoral Act.
