*Says it lacks jurisdiction to accept Tinubu’s CSU record because it was brought outside 180 days provided by law
The Supreme Court on Thursday declined to accept fresh evidence proving alleged certificate forgery against President Bola Tinubu.
The court held that it lacked jurisdiction to do so on grounds that it was brought outside the 180 days provided by law.
Candidate of the People’s Democratic Party (PDP) in the February 25 presidential election, Alhaji Atiku Abubakar, had asked for leave to present fresh evidence obtained from the Chicago State University (CSU) in proof of his allegation that the certificate Tinubu submitted to the Independent National Electoral Commission (INEC), in aid of his qualification was not issued by INEC.
He had presented academic records of Tinubu as well as a deposition of the Registrar of CSU, Caleb Westberg authenticating the genuineness of the documents released to Atiku.
Recall that a United States District Court had on October ordered the release of the said documents to Atiku to prove his case against Tinubu at the apex court.
The apex court after hearing Atiku through his lawyer, Chief Chris Uche, SAN on Monday adjourned for ruling during Judgment.
Delivering judgment on Thursday, the apex court held that the application “cannot be granted” because it was coming after the mandatory time provided by law for the court to entertain and decide such application.
According to Justice John Okoro, who read the lead judgment, Section 285 of the Constitution provided that a petitioner filed his case within 21 days while the tribunal must have to hear and determine within 180 days.
Pointing out that the law is sacrosanct, Okoro noted that the fresh application which was brought on October 6, was brought after the case had expired on September 17, and cannot be be accepted by the apex court, since the tribunal had hands off the case.
Atiku filed his petition on March 21, on the last day provided by the law, while the presidential election tribunal delivered its judgment on September 6, 2023, few days to the expiration of the 180 days.
In dismissing the application, the apex court held that it cannot do what the tribunal can no longer do by virtue of Section 285 of the Constitution.
Since the lower court has no jurisdiction to entertain the application, it follows that the Supreme Court cannot do anything with it, Okoro added, stressing that the time for doing certain things as prescribed by the law cannot be extended.
“The 180 days is immutable and cannot be extended.
They did not ask for extension of time to amend their petition to bring in their deposition, even at that it can still not be accepted”, Okoro held.
Besides, the apex court noted that the appellants did not plead forgery in their case and did not even apply for amendment to reflect forgery before seeking to tender fresh evidence of forgery against Tinubu.
Details later.
