The Supreme Court of Nigeria on Thursday upheld the judgement of the Presidential Election Petition Court (PEPC) affirming Bola Ahmed Tinubu as the duly elected President of the country.
The apex court rejected the additional evidence from Chicago State University (CSU) presented by the presidential candidate of the Peoples Democratic Party (PDP) in the February 25, 2023 election, Atiku Abubakar, thus thwarting his bid to unseat Tinubu.
Atiku had challenged the judgement of the PEPC which dismissed his petition challenging Tinubu’s emergence as winner of the election.
He had subsequently filed a motion on notice at the Supreme Court seeking two orders, including a leave to produce and for the court to receive additional evidence from CSU for use in the appeal.
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 on Thursday, rejected the motion on notice, stressing that fresh evidence could not be entertained and that the evidence was belated.
“An election tribunal shall determine its judgment within 180 days of filing of petition and therefore the Court of Appeal lost jurisdiction after 180 days,” Justice Okoro ruled.
“The Supreme Court cannot activate its Section 22 of the Supreme Court Act after 180 days has 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 prohibits the amendment of 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 court of appeal sitting on the presidential election petition.
“The provision of the Constitution has spoken. There cannot be an addendum. Appeals are continuation of hearing on matters of the lower court,” he said.
