Fake Certificate: Will the Supreme Court admit Atiku's fresh evidence against Tinubu?

Former Chairman of the Section of Public Interest and Development Law (SPIDEL) of the Nigerian Bar Association, Monday Ubani, has expressed skepticism about the Supreme Court admitting fresh evidence in the appeal of the presidential election petition tribunal judgment.

Ubani's comments came in response to a case filed in the United States by the Peoples Democratic Party’s (PDP) presidential candidate in the 2023 election, Atiku Abubakar.

Atiku Abubakar initiated legal proceedings in the U.S., seeking the release of President Bola Tinubu’s academic records from Chicago State University.

Atiku suspects that the certificate submitted by President Tinubu to the Independent National Electoral Commission (INEC) might be inauthentic.

Speaking on Channels Television’s Sunrise Daily, Ubani highlighted the rarity of admitting fresh evidence in appellate courts, stating that it's typically not allowed, especially if the evidence was available during the initial legal proceedings.

He stressed that the Supreme Court's role is to review the lower court's decision and not to assess new evidence.

Despite President Tinubu resisting the release of his records, a U.S. court ordered Chicago State University to provide Atiku Abubakar with the President’s academic documents. Atiku stated that he needed these records for his appeal in the Supreme Court of Nigeria.

Ubani noted that Atiku's legal team faces a significant challenge in convincing the Supreme Court to admit fresh evidence. The court may exercise its discretionary power to decide whether to accept the new evidence or not.

The decision holds crucial implications for Atiku's appeal after the tribunal affirmed Bola Ahmed Tinubu's election on September 6, dismissing all allegations made by the PDP and Atiku Abubakar.

Justice Haruna Tsammani, leading the five-man panel, declared, “This petition accordingly lacks merit. I affirm the return of Bola Ahmed Tinubu as the duly elected President of the Federal Republic of Nigeria. The parties are to bear their costs.” The court also removed 37 exhibits tendered by witnesses from its records.