The 2023 presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar, has sought the leave of the Supreme Court to bring in fresh evidence to prove that President Bola Ahmed Tinubu submitted forged certificate to the Independent National Electoral Commission (INEC) in aid of his qualification for the February 25 election.
The documents Atiku sought to tender, as part of further efforts at establishing allegation of forgery and lying on oath, is the academic records of Tinubu, which were handed over to him by the Chicago State University on Monday October 2.
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.
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 former Vice President 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 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 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.
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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.”
According to the appellant, “The deposition is relevant to this matter, having confirmed that the certificate presented by the 2nd Respondent to the Independent National Electoral Commission (INEC) did not emanate from Chicago State University, and that whoever issued the certificate presented by the 2nd Respondent, did not have the authority of the Chicago State University, and that the 2nd Respondent never applied for any replacement certificate nor was he issued any replacement certificate by the Chicago State University.
“The deposition which is on oath and deposed to in the presence of the 2nd Respondent’s Attorney is credible and believable, and ought to be believed.
“The deposition is clear and unambiguous, and no further evidence is needed to be adduced on it.
“The evidence is such that could not have been obtained with reasonable diligence for use at the trial, as the deposition required the commencement of the suit in the United States of America before receiving same. It was not possible to obtain the said evidence before the trial at the Court below.
“The deposition was made on October 03, 2023 after the conclusion of trial at the Court below, and was not available to be tendered at the trial.”
Atiku through his lead counsel, Chris Uche, reminded the Court that, “Presentation of a forged certificate to the independent National Electoral Commission by a candidate for election to the office of President of the Federal Republic of Nigeria is a weighty constitutional matter, requiring consideration by the Courts as custodians of the Constitution.”
