President Bola Tinubu on Monday said the Chicago State
University, CSU, evidence presented by the candidate of the Peoples Democratic
Party (PDP) Atiku Abubakar is inadmissible.
Tinubu made the submission at the Supreme Court proceedings
on the appeal filed by Atiku to nullify his (Tinubu) victory at the 2023
presidential poll.
Tinubu, through his team of lawyers led by Chief Wole
Olanipekun, SAN, argued that the foreign depositions that Atiku relied on to
apply for the certificate to be admitted in evidence, was done in a private law
chamber in the United States of America, USA.
He further argued that the requisite condition precedent was
not met by the Applicants to enable the apex court to be able to admit the
documents in evidence.
“In the USA, we have their rules, this depositions are not
even admissible in their own courts! We have highlighted those rules in our
counter affidavit.
“My lords, this is
aside from the fact that the depositions were not done in the court, but in
private chambers,” Olanipekun added.
More so, he argued that the 180 days period allowed for the
hearing of the petition that Atiku and his party filed to nullify the outcome
of the 2023 presidential election, had since elapsed.
He said it would therefore be wrong for the apex court to
admit a fresh evidence at the stage of appeal, adding that Atiku ought to have
joined the Independent National Electoral Commission, INEC, as an interested
party in the US proceedings.
“The Court of Appeal is a tribunal. The First Schedule to the Electoral Act 2022 as
well as section 285 (13) of the 1999 Constitution, as amended, is very clear.
“They merely went on a fishing expedition in the US. The
evidence they are seeking to tender is not at large. It cannot be
compartmentalize in any where.
“Even Alice in Wonderland knew where she was going. At least
she was told where she was going.
“My Lords, this is an
application that we believe is in Wonderland. It has no merit.
“The courts are bound by the law. The law is to be
interpreted as it is and not as it ought to be,” Tinubu’s lawyer argued.
While INEC, through its lawyer, Mr. Abubakar Mahmoud, SAN,
urged the court to reject Atiku’s plea to be allowed to tender the CSU
certificate, insisting that the time allowed for hearing of the petition had
expired.
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