26th October, 2023
The Supreme Court on Thursday dismissed the appeal filed by former Vice President Atiku against the judgment of Presidential Election Petition Tribunal affirming the victory of President Bola Ahmed Tinubu in the February 25 2023 presidential election.
The court, in the unanimous judgment, resolved all the seven issues canvassed by Atiku in his petition in favour of Tinubu while affirming the victory of the All Progressives Congress in the election as declared by the Independent National Electoral Commission, INEC.
They unanimously held that the appeal is bereft of merit and is hereby dismissed.
The Court had first first dismissed motion by Atiku Abubakar to file fresh evidence in his appeal against the victory of Tinubu.
It also dismissed claim of the appellants that Tinubu need to score 75 per cent of the votes in the FCT to be declared winner.
The apex court Justices also uphold the dismissal of evidence tendered by Atiku by the PEPC.
The Justices of the Supreme Court also noted that while Atiku claimed that he won the election he failed to provide alternative figures to the one provided by INEC to declare Tinubu the winner of the election.
On the motion to file fresh evidence, Justice John Okoro, held that a clinical look at the issues formulated by all the parties is the argument of whether the court as presently constituted has the power to grant the motion.
Okoro held that out of the seven issues distilled by Atiku for determination, none related or covered forgery, which the appellant is seeking to bring in.
“The Constitution does not permit that, and this court has no jurisdiction to grant the filing of fresh evidence that was not pleaded at the PEPC”.
The Supreme Court noted that Atiku did not even deem it fit to file for an amendment of his pleadings and for extension of time, since the 180 days allowed by the Constitution had elapsed since September 17, 2023.
Atiku, had in the motion dated Oct. 5, pleaded the apex court to grant him leave to bring in additional evidence by way of depositions on oath from the Chicago State University for use in his appeal to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu to the Independent National Electoral Commission.
The 32-page deposition was released to the former Vice President on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.
