Presidential candidate of the Peoples Democratic Party (PDP) in the 2023 general election bid to file fresh evidence against President Bola Tinubu at the Supreme Court has been suffered a set back as the apex court refused to grant this request.
The former vice president had urged the apex court to let him tender the evidence he obtained from Tinubu’s record at Chicago State University.
According to Atiku, Tinubu provided forged documents to the Independent National Electoral Commission (INEC), an allegation which Tinubu denied, saying Atiku’s plea was coming outside the 180 days allowed by the law. period.
Whiledelivering judgmenton the request, chairman of the 7-man panel, Justice Inyang Okoro, held that the time permitted for election petitioners is fixed like the “Rock of Gibraltar” which cannot be changed.
Justice Okoro held that “It has to be noted that the 180 days imposed is immutable and cannot be extended… 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.”
“No amendment can be made introducing new facts not contained in the election petition as stated in section 132(7) of the Electoral Act. This application clearly runs foul of the Electoral Act.”
