Atiku pleads with the court for new proof of Tinubu’s forgery.

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admin October 19, 2023
Updated 2023/10/19 at 8:53 AM

Atiku Abubakar, the Peoples Democratic Party’s candidate for president on February 25, has pleaded with the Supreme Court to permit him to present new proof that President Bola Tinubu falsified the ballot he gave to the Independent National Electoral Commission. 

He claimed that it is a serious constitutional issue that should be avoided for any candidate to present forged documents. Atiku responded to Tinubu’s objection to the leave on the basis of the law in this manner. Before the Supreme Court, he aimed to present new evidence. 

It is a very serious constitutional issue that should not be encouraged, he said, “presenting forged documents by any candidate, especially one running for the highest office in the land.” The Supreme Court was urged by Tinubu to reject the application, calling it a crude abuse of the legal system.

But in his response on the point of law, Atiku urged the court to jettison technicality and grant his application.

He argued that the issue of merit ought not to be determined or pronounced upon at the interlocutory stage.

To refuse to grant the leave, as the respondents have argued, will amount to undue technicality.

“The Supreme Court, as the Apex Court and indeed the Policy Court, has intervened time and again to do substantial justice in such matters of great constitutional importance, as it did in the case of AMAECHI vs. INEC (2008) 5 NWLR (Pt. 1080) 227 and OBI vs. INEC (2007) 11 NWLR (Pt. 1046) 565. The Supreme Court applied the principle of ubi jus ibi remedium to ensure substantial justice is done in such novel scenarios.

“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.

“In urging the Honourable Court to overrule the objections of the Respondents, we can do no better than to commend to your noble Lordships the insightful words of the Supreme Court in ASSAH & ORS V. KARA & ORS (2014) LPELR-24212(SC), per Rhodes-Vivour, JSC as follows:

“Law is blind. It has no eyes. It cannot see. That explains why a statue of a woman with her eyes covered can be found in front of some High Courts. On the contrary, justice is not blind. It has many eyes, it sees and sees very well.

‘The aim of Courts is to do substantial justice between the parties and any technicality that rears its ugly head to defeat the cause of justice will be rebuffed by the Court, ” he stated.

Atiku stated that his stance was not if Tinubu attended the Chicago State University or not, adding that Tinubu presented a forged certificate to INEC.

“That the case is not whether the 2nd Respondent attended Chicago State University but whether he presented a forged certificate to the Independent National Electoral Commission (INEC).

“That at the trial, a National Youth Service Corps certificate with serial number 173807 presented by the 2nd Respondent to the 1st Respondent was equally tendered by the Appellants/Applicants at the trial as “EXHIBIT PBD 1A” with the name Tinubu Bola Adekunle, which is annexed herewith as EXHIBIT “J”.

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