The Supreme Court, on Thursday, will deliver judgement in the appeals by former Vice President Atiku Abubakar and the Peoples Democratic Party (PDP) and that of the Presidential candidate of the Labour Party, Mr. Peter Obi and his party against the judgement of the Presidential Election Petition Court (PEPC), which dismissed their petitions challenging the declaration of President Bola Tinubu as the winner of the February 25 presidential election.
The seven member panel of Justices of the apex court, comprising of Justices Uwani Musa Abba Aji, Mohammed Garba, Ibrahim Saulawa, Adamu Jauro, Abubakar Tijjani and Emmanuel Agim, led by Justice John Inyang Okoro had, on Monday, October 23, reserved judgement in the appeals to a date that would be communicated to parties in the appeals.
At the proceedings on Monday, the appellants’, through their various counsel adopted their processes filed in the matter.
Chief Chris Uche (SAN), lead counsel to the former Vice President and his party, at the last proceedings, adopted an interlocutory application filed before the apex court, seeking the leave to present fresh evidence in the appeal.
The fresh evidence Atiku sought to tender are the academic records of Tinubu, which were handed over to him by the Chicago State University (CSU) on October 2, 2023.
The 32-page document was 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 had ordered the CSU to release the said documents 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.
Lead counsel to the Independent National Electoral Commission (INEC), Abubakar Mahmoud (SAN) Chief Wole Olanipekun (SAN) for President Tinubu and Chief Akin Olujimi (SAN) representing the All Progressives Congress (APC), who are listed as 1st to 3rd defendants in Atiku, PDP’s appeal, objected to the admissibility of the fresh evidence sought to be tendered by the appellants.
However, one of the Justices on the panel, Justice Emmanuel Agim told Atiku’s lead counsel that the deposition which he seeks to tender was done in a chamber and not in the court, saying that, “I expected the College to write disclaiming the documents. Does the stenographer has the legal authority to administer oath. We are dealing with a matter that touches on the national interest of this country.”
In his response, Uche submitted that the legal system in the United States is different from that of English legal system which is practiced in Nigeria and confirmed that the depositions were made in the law chambers of Atiku’s American lawyer, with representation by Tinubu’s American lawyers adding that, there was no conflicts or dispute over the legality of the depositions.
Tinubu’s lead counsel, Olanipekun raised an objection to the admissibility of the depositions saying such depositions has to be adopted by the individual that deposed to it before it can be admitted as evidence before a court.
In response, Uche argued that such is not the practice in foreign proceedings and clarified that the depositions was not based on a court order to clarify the discrepancies observed in the communication by the Chicago State University.
The presiding Justice, Justice Okoro observed that the issue of conflicting documents from the same institution is a serious criminal act which ought to be proven beyond reasonable doubt.
After hearing the appellants’ motion to admit fresh evidence and the objections by the respondents, the court directed parties to adopt their briefs of arguments on the substantive appeal and thereafter reserved judgement to a date that would be communicated to parties.
The defendants, in their preliminary objections urged the court to dismiss the appeal filed by Atiku and his party for lacking in merit and misconceived.
Similarly, the apex court will today, deliver judgement in the joint appeal filed by Obi and the Labour Party challenging the victory of Tinubu at the February 25 presidential election after the adoption of their processes in their appeal on Monday.
While the lead counsel to Obi and his party, Dr. Livy Uzoukwu (SAN) prayed the apex court to allow the appeal and set aside the judgement of the lower court, Abubakar Mahmoud, Olanipekun and Olujimi, representing INEC, Tinubu, Vice President Kashim Shettima and the APC, urged the court to dismiss the appeal for lacking in merit.
It would be recalled that, the apex Court on Monday, dismissed the appeal brought before it by the Allied Peoples Movement (APM) against the judgement of the Presidential Election Petition Court (PEPC).
The court dismissed the appeal following an application for its withdrawal by APM’s lead counsel, Chukwuma-Machukwu Ume (SAN).
APM had, argued that, Tinubu was not qualified to contest the February 25 presidential election, having violated the provisions of Section 142 (1) of the Constitution of Federal Republic of Nigeria 1999 (as amended).
The party also prayed for a declaration that the return of Tinubu by the INEC, as the President elect of the Federal Republic of Nigeria is null, void of no legal effect whatsoever.
That, the withdrawal of the 5th respondent (Kabiru Masari), as Vice Presidential candidate to Tinubu by the operations of the law amounted to automatic withdrawal and invalidation of the candidate of the APC and asked for an order nullifying and voiding all votes scored by APC in the Presidential Election of February 25 and a further order directing INEC to return the candidate with the second highest score at the election as the winner of the presidential election.
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