October 23, (THEWILL) – The Supreme Court has reserved its judgement on the appeal filed by Atiku Abubakar, candidate of the Peoples Democratic Party (PDP), in the 2023 General election, seeking to nullify the election of President Bola Tinubu.
A seven-member panel of the Supreme Court, led by John Okoro, adjourned the case for judgement after taking the arguments of lawyers to parties in the suit.
Okoro said a date would be communicated to lawyers when the judgement is ready.
President Tinubu had during the proceedings, addressed the court on why it should not admit his academic records released by the Chicago State University (CSU) to Atiku Abubakar.
Tinubu, through his team of lawyers, led by Chief Wole Olanipekun (SAN), argued that the foreign depositions that 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.
“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 said.
Olanipekun further contended that the 180 days period 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 compartmentalise 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”, he said.
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