The Supreme Court has denied former Vice-President Atiku Abubakar, the Presidential candidate of the Peoples Democratic Party (PDP), the opportunity to present fresh evidence against President Bola Tinubu.
Atiku’s application sought the court’s permission to introduce evidence obtained from Tinubu’s records at Chicago State University.
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Atiku claimed that Tinubu had submitted forged documents to the Independent National Electoral Commission (INEC).
However, President Bola Tinubu raised objections, contending that Atiku’s request was made beyond the 180-day period stipulated for such appeals.
In his ruling on Thursday, Justice Inyang Okoro, chairman of the 7-man panel, said the time allotted to election petitions is fixed like the “Rock of Gibraltar” that cannot be extended or expanded.
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“It has to be noted that the 180 days imposed is immutable and cannot be extended… Election petitions are sui generis and have their own peculiarities… the court below lost its jurisdiction to determine any matter concerning the petition after the 180 days which expired on September 17. This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.”
“No amendment can be made introducing new facts not contained in the election petition as stated in section 132(7) of the Electoral Act. This application clearly runs foul of the Electoral Act.”