Atiku vs Tinubu: Why It’ll be Difficult for Supreme Court to Admit Fresh Evidence, Top Lawyer Speaks
- PDP's Atiku Abubakar is banking on his discoveries from Chicago, USA, to displace Bola Tinubu as Nigeria's president
- Atiku and Peter Obi of the Labour Party (LP) lost at the presidential election petition tribunal (PEPT) in September
- But a prominent lawyer, Monday Ubani, has said the Supreme Court, where Atiku and Obi are hoping to get a favourable judgement, rarely admits fresh evidence
PAY ATTENTION: Click “See First” under the “Following” tab to see Legit.ng News on your Facebook News Feed!
FCT, Abuja - Monday Ubani, a former chairman, Section of Public Interest and Development Law (SPIDEL), Nigerian Bar Association (NBA), has said it would be difficult for the Supreme Court to admit fresh evidence in the appeal of the judgement of the presidential election petition tribunal (PEPT).
Ubani said it would take a lot from Atiku Abubakar’s legal team to convince the Supreme Court to admit fresh evidence in the appeal of the election tribunal's verdict.
The lawyer said the apex court only reviews the decision of the lower court.
Atiku is the presidential candidate of the PDP in the February 2023 election.
'Issue of admissibility of fresh evidence critical'
The human rights activist and lawyer was speaking on Channels Television’s Sunrise Daily on Thursday, October 5. The programme was monitored by Legit.ng.
According to Ubani, Atiku’s legal team will be challenged by Tinubu’s team on the issue of the admissibility of fresh evidence.
He added that the court may be left to use its discretionary power to decide whether or not to admit fresh evidence in the case.
He said:
“The issue of admissibility of fresh evidence is very critical, you must convince, and whoever is bringing it will be opposed by the other party.
"So, the court now exercises what is called discretionary power in either admitting or not allowing that fresh evidence to come in.”
Atiku’s camp tackles presidential aide
In an earlier report by Legit.ng, Timothy Osadolor, a member of the PDP National Executive Council (NEC), accused Temitope Ajayi, Tinubu’s senior special assistant on media and publicity, of "defending the indefensible".
Ajayi said Tinubu’s Chicago State University certificate was authentic and not forged as insinuated by the opposition.
Atiku’s ally knocks Tinubu over certificate
Legit.ng also reported claim by Daniel Bwala, the spokesperson to the defunct Atiku Presidential Campaign Organisation, that the certificate Tinubu submitted to the Independent National Electoral Commission (INEC) did not emanate from the Chicago State University.
Source: Legit.ng