Controversial Forgery Case: Atiku Seeks Permission to Submit Additional Evidence Against Tinubu at Supreme Court

admin October 8, 2023
Updated 2023/10/08 at 6:53 AM

The Peoples Democratic Party (PDP) presidential candidate, Atiku Abubakar, has formally requested permission from the Supreme Court to present new evidence in his case.

According to Atiku’s legal team, this evidence aims to support his claim that President Bola Tinubu had presented falsified documents to the Independent National Electoral Commission (INEC) in order to qualify for the presidential election held on February 25.

Atiku argues that Tinubu’s actions constituted both forgery and perjury, warranting his removal from office. In particular, Atiku is asking the court to allow him to present Tinubu’s academic records, which were allegedly obtained from Chicago State University (CSU) on October 2, 2023.

According to the motion, the 32-page document was released by the CSU on the orders of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.

Atiku’s request to file new evidence against Tinubu was based on Order 2, Rule 12(1) of the Supreme Court Rules 1985, Section 137(1) of the 1999 Constitution (as amended), as well as the inherent jurisdiction of the apex court as stated in Section 6(6)(a) of the 1999 Constitution.

Although the application was dated October 5, Atiku’s legal team completed the filing process on Friday night.

Essentially, the PDP presidential candidate asked the court to allow him to present additional evidence from the Chicago State University in the form of a certified deposition made by Caleb Westberg on October 3, 2023, which contradicts the claims made by the opposing party.

He prayed for the apex court to accept the deposition as evidence in the resolution of the appeal and to also issue any necessary orders in the circumstances of the case.

The application was based on 20 grounds, including the argument that the deposition and its accompanying documents would significantly impact the resolution of the appeal.

The deposition is relevant to the case as it confirms that the certificate presented by the 2nd Respondent to the Independent National Electoral Commission (INEC) was not from Chicago State University.

It also asserts that the issuer of the certificate did not have the authority of the university and that the 2nd Respondent never applied for or received any replacement certificate from Chicago State University.

“The deposition, which was sworn under oath in the presence of the attorney representing the 2nd Respondent, is both credible and believable, and it should be accepted as true.

“The deposition is clear and leaves no room for ambiguity, and there is no need for any additional evidence to be presented on this matter.

“The evidence in question was not reasonably obtainable before the trial, as it required the initiation of legal proceedings in the United States of America. It was impossible to acquire this evidence prior to the trial at the lower court.

“The deposition was made on October 3, 2023, after the completion of the trial at the lower court, and therefore could not be submitted as evidence during that trial,” Atiku stated.

He argues that “a candidate for the position of President of the Federal Republic of Nigeria presented a falsified certificate to the Independent National Electoral Commission.”

The Supreme Court has not yet scheduled a date for the hearing of this motion.

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