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October 23, 2023
The court also took arguments from lawyers to parties on the motion filed by the appellants to supply fresh evidence.
President Bola Tinubu has urged the Supreme Court to dismiss Atiku Abubakar’s application seeking to present the President’s academic records.
Tinubu, through his lawyers, said the candidate of the Peoples Democratic Party (PDP) in the 2023 presidential election, Atiku, and his party went on a fishing expedition to the United States.
SaharaReporters earlier on Monday reported that the Supreme Court had reserved judgment on Atiku’s appeal to file fresh evidence and nullify the ruling by the Presidential Election Petition Court (PEPC) which affirmed Tinubu as the winner of the presidential election.
A seven-member panel of the court, led by Justice John Okoro made the announcement after lawyers to parties adopted their briefs of argument and made final submissions.
The court also took arguments from lawyers to parties on the motion filed by the appellants to supply fresh evidence.
Appellants’ lawyer, Chris Uche (SAN) urged the court to grant the motion and allow their appeal, grant the prayers sought and disqualify Tinubu.
Uche described the matter as “weighty, grave, and constitutional”.
On their part, lawyers representing the respondents – Abubakar Mahmoud, SAN (for the Independent National Electoral Commission), Chief Wole Olanipekun, SAN (for Tinubu) and Chief Akin Olujinmi, SAN (for the All Progressives Congress) urged the court to dismiss both the motion and appeal for lacking in merit.
Tinubu’s team of lawyers led by Chief Wole Olanipekun, SAN, argued that the foreign depositions relied upon by Atiku to be admitted in evidence “were not done in the court, but in private chambers” in the United States.
According to him, the “depositions are not even admissible in their own (US) courts”.
He argued that the 180 days allowed by law for the hearing of the petition filed by Atiku and his party to nullify the outcome of the 2023 presidential election, had since elapsed.
He further argued it would be wrong for the Supreme Court to admit fresh evidence at this stage.
He said, “They merely went on a fishing expedition in the US. The evidence they are seeking to tender is not at large. It cannot be compartmentalised anywhere.
“Even Alice in Wonderland knew where she was going. At least she was told where she was going.”
According to him, Atiku should have joined INEC as a party at the deposition proceedings in the US.