Candidate of the Peoples Democratic Party (PDP) in Nigeria’s disputed 2023 presidential election, Atiku Abubakar, has insisted that the Nigerian Constitution does not stop the Supreme Court from accepting his fresh evidence against President Bola Tinubu in his fight to nullify his victory in the February 25 election.
Atiku had, on October 7, filed a motion to present fresh evidence against Tinubu at the apex court following the release of his academic records by the Chicago State University in the United States which the former Vice President said were forged.
However, the president’s legal team led by Wole Olanipekun (SAN) filed a counter application asking the Supreme Court not to entertain any fresh depositions made by the PDP flag bearer as they were brought outside the 180 days provided by the Electoral Act for the hearing of the petition on the election.
Olanipekun further argued that the apex court lacked the jurisdiction to receive and decide on the fresh evidence at this stage of the appeal.
But in his objection to the application by Tinubu’s team, Atiku, in a reply filed, revealed on Saturday, by his lead counsel, Chris Uche (SAN), insisted that the time limit for determining disputes involving assembly and governorship elections at the lower tribunals does not apply to the Court of Appeal, and by extension, the Supreme Court.
Part of the PDP objection reads:
“Thereafter, the constitution was intentional and deliberate in setting the 180 days limit only for election tribunals, and not for the Court of Appeal. On the other hand, when it came to appeals, the Constitution clearly and expressly extended the same to the Court of Appeal.
“The Constitution clearly excluded the Court of Appeal in the preceding subsection.
“The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.
“An appeal shall lie from decisions of the Court of Appeal to the Supreme Court as of right in the following cases – (e) decisions on any question – (i) whether any person has been validly elected to the office of President or Vice President under this constitution.”
The Supreme Court had fixed Monday, October 23 as the date it would begin hearing on the application filed by Atiku in his fight to unseat Tinubu.