Why supreme court shouldn’t accept Atiku’s plea on CSU records– Tinubu

Why supreme court shouldn’t accept Atiku’s plea on CSU records– Tinubu

 President Bola Tinubu says Atiku Abubakar and the Peoples
Democratic Party (PDP) are attempting the impossible by trying to get the
supreme court to accept fresh evidence in his appeal.

 

Abubakar and the PDP are challenging Tinubu’s victory at the
presidential poll and the verdict of the election tribunal upholding the
outcome of the vote.

 

Abubakar had alleged that Tinubu’s academic records were
fraught with discrepancies and forgeries.

 

His request for the US court for the northern district of
Illinois to compel Chicago State University (CSU) to release Tinubu’s academic
records has since been granted.

 

The PDP candidate is now seeking to introduce these records
at the apex court.

 

However, in a counter affidavit and written address filed
through his team of lawyers, led by Wole Olanipekun, the president said his
academic records obtained from CSU cannot be considered by the supreme court.

 

Tinubu argued that the court cannot accept the written
deposition of the CSU registrar who was not a witness before the tribunal and
whose written statement was not activated through oral evidence as required
under Section 41(1) of the First Schedule to the Electoral Act 2022.

 

 “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,” Tinubu said.

 

“It is not in doubt that the deponent of the deposition
sought to be introduced as additional evidence was not orally examined at the
lower court.

 

“The appellant has not made a case for the court to override
the provision of Paragraph 41(1) of the First Schedule to the Electoral Act or
referred to any law permitting the use of the deposition outside the confines
of Paragraph 41(1) of the 1st Schedule.

 

“Appellants are attempting the impossible – thus, they have
not stated whether the evidence is documentary or oral evidence because it fits
into neither.”

 

The president said “the new document/deposition was neither
pleaded nor listed at the lower court”.

 

“Even in regular civil proceedings, the court will still be
required to fall back to originating processes in assessing the extent of its
powers,” he said.

 

“None of the seven issues for determination presented by the
appellants has any proximity to the disqualification of the respondents on the
ground of forgery of any certificate whatsoever.

 

“Equally, there is no relief in the petition, seeking the
disqualification of the respondent on the ground of forgery.”

 

He argued that the apex court cannot admit the deposition by
the CSU’s registrar and an additional document (marked Exhibits C and D)
because the deposition was not made before a court but in the office of
Abubakar’s lawyer.

 

“The purported deposition was made, not before a court, but
before a shorthand reporter, in a law office of the 1st appellant’s (Abubakar)
counsel,” Tinubu claimed.

 

 “He described the
evidence as “hearsay” adding that “it is of no evidential value in the absence
of the alleged deponent, Caleb Westerberg.”

 

Tinubu also raised the issue of fair hearing, stating that
if the fresh evidence is accepted, the respondents will have no opportunity to
file a response to it.

 

“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,” he
said.

 

He said allowing the application would amount to hearing the
petition of which the apex court no longer has the power to assume trial
jurisdiction considering that the 180 days allowed by the constitution has
since elapsed.

 

Tinubu submitted that the fresh application by Abubakar and
the PDP “is meant to harass, irritate and annoy” him, adding that “it is
reckless and frivolous, and there is no iota of law supporting it”.

 

“From the foregoing, it is safe to submit that this
application is a crass abuse of the processes of this honourable court,” he
added.

 

“In conclusion, and for the reasons and arguments advanced
in this address, we urge the Supreme Court to dismiss this application.”

Source: Why supreme court shouldn’t accept Atiku’s plea on CSU records– Tinubu

 - NigerianEye
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