President Bola Ahmed Tinubu has asked the Supreme Court to reject the application by Atiku Abubakar, 2023 presidential candidate of the Peoples Democratic Party (PDP), seeking to introduce fresh evidence in his appeal.
The former Vice President who is challenging Tinubu’s emergence as President and the election tribunal’s verdict upholding the poll outcome, had alleged that Tinubu’s academic records were fraught with discrepancies and forgeries.
Atiku’s order at the United States (US) court to compel Chicago State University (CSU) to release Tinubu’s academic records has since been granted.
The PDP candidate is now seeking to introduce these records at the apex court.
Reacting to the main appeal, Tinubu, represented by a team of 17 lawyers comprising 10 Senior Advocates of Nigeria, said the allegation of certificate forgery was not introduced in Abubakar’s petition at the tribunal.
Note that Tinubu’s reply comes barely three days after Atiku and the PDP applied for permission of the Supreme Court to tender fresh evidence to establish the allegation that he submitted forged documents to the Independent National Electoral Commission (INEC).
According to Tinubu, the tribunal was right to strike out some paragraphs of the petitioners’ replies wherein they tried to introduce new issues (including that of certificate forgery) which were not contained in the main petition.
Tinubu further said Abubakar’s application which was granted at the US court is “alien” to the pending appeal before the supreme court.
“Appellants’ submission under paragraph 6.45 of their brief further expose the entire attitude of the appellants before the lower court, that is, the attitude of first filing a petition and then fishing for evidence during the pendency of the petition and even up to the point of appeal to this honourable Court.
“Without prejudice to our objection to this issue, we submit that the arguments regarding a purported ‘Case No. 1:23-CV05009-th Re Application of Atiku for an Order Directing Discovery from Chicago State University…’ is alien to this proceedings, does not arise from the record or the judgment of the lower court and cannot be countenanced by this honourable court and we urge the court to so hold.
“In the final analysis, it is our humble prayer that this honourable court resolves this issue in favour of the respondents and against the appellants,” the President said in a 42-paged brief of argument.
Cited as 1st to 3rd Respondents in the appeal, were INEC, Tinubu and the All Progressives Congress, APC, respectively.
The President added that the entire appeal lacks merit and should be dismissed.
Meanwhile, no date has been fixed for the Supreme Court to commence hearing on the presidential dispute.
