Why Supreme Court Will Not Use Certificate Atiku Gets From US Against Tinubu
Counsels to president Bola Ahmed have argued that any document obtained by Atiku Abubakar as a result of the recent ruling by Judge Nancy Maldonado, will not be admitted as evidence against Bola Ahmed Tinubu by the supreme court of Nigeria.
Recall that Judge Nancy Maldonado ordered Chicago State University to release Bola Ahmed Tinubu’s credentials to Atiku Abubakar, the 2023 presidential candidate of the People’s Democratic Party (PDP) who seeks to upturn Tinubu’s controversial February 25th 2023 presidential victory at the Supreme Court.
Judge Nancy Maldonado who presided over the case ordered the Chicago State University to release the requested academic records of president Bola Tinubu to Atiku Abubakar not later than 2nd of October, 2023.
However, Tinubu’s lawyers have argued that whatever certificate Atiku Abubakar obtains in US will be irrelevant to him as the Supreme Court can not admit such records as evidence.
One of Tinubu’s counsels, Oluwole Afolabi, argued that the appellate is forbidden by the Nigeria’s electoral act from introducing new evidence on appeal: “The Electoral Act does not allow for the introduction of new evidence on appeal. A party must provide a list of the documents he intends to rely on at the time his Petition is filed.”
He added, “A party cannot spring surprise on his adversary by introducing evidence that was not filed along with the petition.”
Another of Tinubu’s lawyer, Babatunde Ogala who is a senior Advocate of Nigeria, in his opinion described the reactions of Nigerians to Judge Nancy Maldonado ruling as futility. He said the document can not be used against Bola Ahmed because the litigation has passed the stage in which new evidence can be admitted.
“The headless mob is masturbating over nothing. The documents can no longer be used. It is of no value. We have passed that stage.”
“One is whether President Tinubu attended Chicago State University. The answer is yes. Second, what were his grades in school? The school had already provided that,” he added