Prosecutors are not dilligent enough as time has lapsed Supreme Court
says it lacks power to bring in fresh evidence by Atikus
Supreme court has rejected the application of the presidential candidate of the Peoples Democratic Party (PDP) Atiku Abubakar to file fresh evidence in his case against President Bola Tinubu.
It will be recalled that Atiku in the last general election, had asked the court to admit evidence obtained from the academic records of Tinubu from the Chicago State University (CSU).
A seven-member panel of the Supreme Court led by John Okoro said although the deposition Atiku seeks to introduce is “one of substance”, it runs foul of the Electoral Act, which says that “after the expiration of the time for presenting election petition, no amendment shall be made”.
Okoro said, “Election petitions are sui generis and have their own peculiarities.
“The court below lost its jurisdiction to determine any matter concerning the petition after the 180 days which expired on September 17.
“This court cannot do what the lower court is no longer constitutionally allowed to do by section 285 of the constitution.
“There is nothing in Section 285 (6) to suggest that the court of appeal can hear election petition matter without time limitation.
He said the Supreme Court has no jurisdiction to allow Atiku to introduce the evidence as sought.
The judge also said even if the appellants had applied for an extension of time to amend their application, their request would have been turned down.
He said time allotted to election petitions “is fixed like the Rock of Gibraltar that cannot be extended or expanded”.
The judge said the appellants “were tardy and not diligent enough in their attempts to obtain the evidence they want this court to admit”.
