Nigeria: Forgery - Atiku Asks Supreme Court's Permission to File Fresh Evidence Against Tinubu

The leading candidates at the presidential elections are Peter Obi of the Labour Party Bola Tinubu of the ruling All Progressives Congress, and Atiku Abubakar of the Peoples Democratic Party.
8 October 2023

Presidential candidate of the Peoples Democratic Party (PDP) in the last election, Alhaji Atiku Abubakar, has sought the leave of the Supreme Court to bring a fresh evidence to prove that President Bola Tinubu submitted a forged certificate to INEC for the February 25 presidential election.

Atiku's application is part of his effort to establish allegation of forgery and lying on oath against President Tinubu.

The documents Atiku sought to be tendered are the academic records of Tinubu which were obtained from the Chicago State University last week.

The 32-page documents were released to the former vice president on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.

The US court ordered the CSU to release the school record to Atiku despite Tinubu's objection because the court was convinced that it would help Atiku establish his allegation of forgery and lying on oath against Tinubu.

Atiku had consistently maintained that the issue of forgery and perjury is a serious constitutional issue; hence the court should order the removal of Tinubu as president.

The PDP presidential candidate predicated his prayers for leave to file fresh evidence on Order 2, Rule 12(1) of the Supreme Court Rules 1985, Section 137(1) O of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), and under the inherent jurisdiction of the Honourable Court as granted by Section 6(6)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).

The application dated October 5, but filed on October 6, specifically prayed the apex court for an order granting him leave "to produce and for the court to receive fresh and additional evidence by way of deposition on oath from the Chicago State University for use in this appeal to wit: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu to the Independent National Electoral Commission.

Atiku further prayed the apex court to "receive the said deposition in evidence as exhibit in the resolution of this appeal ", as well as any such order or orders the apex court may deem fit to make in the circumstances.

The application was predicated on 20 grounds, which amongst others claimed that the "deposition sought to be adduced is, along with its accompanying documents, such as would have important effect in the resolution of this appeal".

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