But the court said it will not take a position on Atiku’s claims on the authenticity of the documents, which Tinubu submitted to the Independent National Electoral Commission to contest the last presidential election.
On Atiku’s other prayers, the court said it will not take a position on the authenticity of the documents, which President Tinubu submitted to INEC to contest election. “ The court simply finds that Mr. Abubakar has cleared the relatively low hurdle of showing that the documents he seeks could be relevant to his claims and could potentially be presented to the Supreme Court of Nigeria.”
In the September 30 judgment, Justice Maldonado found, among others, that Tinubu did not prove that the Nigerian Supreme Court can no longer obtain additional evidence from Atiku under “exceptional circumstances.” “There is simply no evidence to suggest that the Supreme Court of Nigeria must necessarily reach the same result as the Court of Appeal. “Further, this court would be improperly intruding into Nigerian law if it made any determination or prediction as to how the Supreme Court might rule on the ultimate question of whether to adopt the Court of Appeal’s approach, or whether to allow the evidence under exceptional circumstances.
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