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From Godwin Tsa, Abuja
President Bola Tinubu on Monday told the Supreme Court that the Chicago State University, CSU, evidence brought by the candidate of the Peoples Democratic Party (PDP) Atiku Abubakar is inadmissible.
Tinubu argued that the depositions which Atiku relied on to apply for the certificate to be admitted in evidence, was done in a private law chamber in the United States of America, USA.
His lead counsel, Chief Wole Olanipekun (SAN) further argued that the condition precedent was not met by the former vice president to enable the apex court to be able to admit the documents in evidence.
He submitted that “In the USA, we have their rules, this depositions are not even admissible in their own courts! We have highlighted those rules in our counter affidavit.
“My lords, this is aside from the fact that the depositions were not done in the court, but in private chambers,” Olanipekun added.
Besides, Olanipekun equally argued that the statutory 180 days time frame allowed for the hearing of the petition that Atiku and his party filed to nullify the outcome of the 2023 presidential election, had since elapsed.
He said it would therefore be wrong for the apex court to admit a fresh evidence at the stage of appeal, adding that Atiku ought to have joined the Independent National Electoral Commission, INEC, as an interested party in the US proceedings.
“The Court of Appeal is a tribunal. The First Schedule to the Electoral Act 2022 as well as section 285 (13) of the 1999 Constitution, as amended, is very clear.
“They merely went on a fishing expedition in the US. The evidence they are seeking to tender is not at large. It cannot be compartmentalize in any where.
” Even Alice in Wonderland knew where she was going. At least she was told where she was going. My Lords, this is an application that we believe is in Wonderland. It has no merit.
“The courts are bound by the law. The law is to be interpreted as it is and not as it ought to be,” Olanipekun argued.
On its part, the Independent National Electoral Commission(INEC), through its lead counsel, Abubakar Mahmoud, SAN, urged the court to reject Atiku’s plea to be allowed to tender the CSU certificate, insisting that the time allowed for hearing of the petition had expired.
