- Atiku had pleaded with the Supreme Court to jettison technicality and grant his application for leave to tender fresh and additional evidence to support his claim that Tinubu submitted a forged document
- Tinubu through his lawyers led by Wole Olanipekun (SAN) had objected to the admission of the documents on grounds that the Supreme Court lacked the jurisdiction to entertain it
The Supreme Court has fixed Monday, October 23, 2023, for hearing of an appeal filed by Atiku Abubakar, challenging the judgement of the Presidential Election Petitions Tribunal, which upheld the victory of the All Progressives Congress, APC’s Bola Tinubu.
Recall that Atiku had pleaded with the Supreme Court to jettison technicality and grant his application for leave to tender fresh and additional evidence to support his claim that Tinubu submitted a forged document to the Independent National Electoral Commission (INEC) to contest the February 25 presidential election.
Atiku predicated his plea on the grounds that presenting forged documents by any candidate, especially by a candidate for the highest office in the land, is a very grave constitutional issue that must not be encouraged.
The former vice president stated this in his reply on point of law to Tinubu’s objection to the grant of leave to Atiku to present the fresh evidence before the apex court.
Tinubu through his lawyers led by Wole Olanipekun (SAN) had objected to the admission of the documents on grounds that the Supreme Court lacked the jurisdiction to entertain it, adding that the issue of qualification is a pre-election matter, among others.
Atiku’s lawyers led by Chris Uche (SAN) argued that they are merely applying for leave to receive the fresh evidence, and “to refuse to grant the leave as the respondents have argued, will amount to undue technicality.”
“The need to rebuff, eschew and reject technicality and the duty of court to ensure substantial justice is very germane in this matter, given the gravity of the constitutional issue involved in deciding whether a candidate for the highest office in the land, the office of president of the country, presented a forged certificate or not,” he said.
And in a memo on Thursday, the apex court fixed Monday, October 23, for hearing of the appeal.