Atiku, in the motion he filed through his team of lawyers led by Chief Chris Uche, SAN, said the evidence he is seeking to tender before the apex court, would establish his allegation that President Tinubu of the ruling All Progressives Congress, APC, submitted forged documents to the Independent National Electoral Commission, INEC, in aid of his qualification to participate in the presidential election that held on February 25.
Atiku predicated his motion for leave to file fresh evidence against Tinubu, on Order 2, Rule 12 of the Supreme Court Rules 1985, Section 137 of the 1999 Constitution, as amended, as well as the inherent jurisdiction of the apex court as encapsulated in section 6 of the 1999 Constitution. The application was predicated on 20 grounds, among which included a claim that the deposition sought to be adduced along with its accompanying documents, “would have important effect in the resolution of this appeal.”
He contended that “the presentation of a forged certificate to the independent National Electoral Commission by a candidate for election to the office of President of the Federal Republic of Nigeria, is a weighty constitutional matter, requiring consideration by the Courts as custodians of the Constitution.”
Giwa-Osagie added that the same document was tendered with the deposition in the USA and that at the trial, a certificate obtained from the Chicago State University was also tendered in evidence as exhibit PBE4.“That the deposition is a relevant piece of fresh evidence explaining the status of the certificate the 2nd Respondent presented to INEC in support of his qualification to contest the election,” Giwa-Osagie added.
“lt shall not be necessary for the other party to question the additional evidence intended to be called but if leave is granted the other party shall be entitled to a reasonable opportunity to give his own evidence in reply if he so wishes. “The evidence must be such as is presumably to be believed, in other words it must be apparently credible,” Atiku’s lawyer, Uche, SAN, argued.
“The Appellants/Applicants have also in their appeal challenged the striking out of their pleadings raising the issue of qualification of the 2nd Respondent to contest the said election.
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