has advanced reasons why the Supreme Court should reject the purported fresh evidence Atiku Abubakar and his party claimed to have obtained from the Chicago State University in relation to his academic records.
Bamidele said if they had done so, Tinubu would have had the opportunity to respond appropriately, including raising the discrepancies in Atiku’s credentials. “Where a written deposition is not activated by oral examination of the deponent before the court, same will not be acted upon by a court. He also argued that the Supreme Court no longer has the power to assume trial jurisdiction on the petition by Atiku and the PDP because the 180 days allowed by the Constitution for the hearing of election petion lapsed on September 17 in respect of this petition.
“In recent times, even in very dire and pathetic situations, this honourable court has been faced with supplications from parties to consider the merit of their actions which was left unattended by the trial court after consideration of threshold issues. “Five conditions/requirements must co-exist before this court can grant this type of application, as decided in a host of authorities.
“A person who alleges that his right to fair hearing is being or likely to be breached does not need to prove any special damage. “This honourable court cannot pay heed to this type of applicants, even if they had had a good cause, owing to their attitude. He argued that there is no connection between the appeal and the documents that Atiku and the PDP went to the US to obtain and which they seek to tender before the apex court.
“We refer your Lordships to the brief of argument filed by the appellants, and submit that no issue for determination thereof, can accommodate Exhibits C and D, yet, appeals are decided on issues for determination, which must be predicated on the grounds of appeal. “From the foregoing, it is safe to submit that this application is a crass abuse of the processes of this honourable court.
He noted that the ‘deposition on oath from the Chicago State University’, which the appellants are now praying the Supreme Court for permission to supply, “is not one of the documents listed by the appellants as petitioners, in their petition and list of documents accompanying the petition.
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