The Supreme Court, in its ongoing judgment, has rejected the application of Atiku Abubakar, presidential candidate of the PDP, to file fresh evidence in his case against President Bola Tinubu.
The former vice president had asked the court to admit evidence obtained from the academic records of Tinubu from the Chicago State University (CSU).
But Justice Inyang Okoro said although the deposition Atiku seeks to introduce is “one of substance”, it runs foul of the Electoral Act, which says that “after the expiration of the time for presenting election petition, no amendment shall be made”.
“Election petitions are sui generis and have their own peculiarities,” Okoro said.
“The court below lost its jurisdiction to determine any matter concerning the petition after the 180 days which expired on September 17.
“This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.
“There is nothing in Section 285 (6) to suggest that the court of appeal can hear election petition matter without time limitation.”
He said the supreme court has no jurisdiction to allow Atiku introduce the evidence as sought.
The judge also said even if the appellants had applied for an extension of time to amend their application, their request would have been turned down.
The judge said time allotted to election petitions “is fixed like the Rock of Gibraltar that cannot be extended or expanded”.
The judge said the appellants “were tardy and not diligent enough in their attempts to obtain the evidence they want this court to admit”.
He said Atiku Abubakar's application is "hereby refused and accordingly dismissed".
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