Supreme Court Rarely Allows New Evidence – Certificate Controvervsy – Ubani
The senior attorney said that the decision of whether or not to admit new evidence in the case may be left to the court’s discretion.
A former Chairman, Section of Public Interest and Development Law (SPIDEL), Nigerian Bar Association, Monday Ubani, says it will be difficult for the Supreme Court to admit fresh evidence in the appeal of the judgment of the presidential election petition tribunal.
He was responding to a case that had been brought by Atiku Abubakar, the Peoples Democratic Party’s (PDP) presidential candidate for the 2023 election, in which Atiku had asked for the release of President Bola Tinubu’s certificate from Chicago State University because he believed the certificate the President had submitted to the Independent National Electoral Commission (INEC) might not be genuine.
“Based on the circumstances, the issue of new evidence being admitted by the appellate court is exceedingly uncommon, especially if you had access to it when you first started the process.
“The Supreme Court will never, even the Court of Appeal will not admit fresh evidence because their job is to review the decision of the court below and not to now evaluate any evidence. They don’t take any evidence but there are special circumstances under which fresh evidence can be admitted by the appellate court and that ground is maybe by the time you file the case that evidence was not available,” Ubani said on Channels Television’s Sunrise Daily on Thursday.
President Tinubu had rejected Atiku’s request for access to his records through his attorneys, but a US court ultimately ordered CSU to provide Atiku access to the President’s academic records after he informed the court he required them for his Supreme Court appeal.
As the Supreme Court will only be reviewing the verdict of the lower court, Ubani claimed it will be difficult for Atiku’s legal team to persuade the high court to include new evidence in the appeal of the election tribunal judgment.
The senior attorney stated that Tinubu’s legal team would contest Atiku’s on the subject of new evidence’s admissibility, and that the court might be left to exercise its discretion in this regard.
“The issue of admissibility of fresh evidence is very critical, you must convince, and whoever is bringing it will be opposed by the other party. So, the court now exercises what is called discretionary power in either admitting or not allowing that fresh evidence to come in,” he said.
The tribunal upheld Tinubu’s victory in the election on September 6 and concluded that the petitioner, the Peoples Democratic Party (PDP) and Atiku Abubakar, had failed to establish the charges against this ground and all other reasons in their petition.
Justice Haruna Tsammani, leader of the five-man panel, said, “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 cost.”
The court also expunged 37 exhibits tendered by the witnesses from the court’s records.
This News Is Reaching You From Ogulagha Vanguards Ltd
The True Face Of Niger Delta.
We Tell Your Story Better
For Publication Of Press Releases, Statements, Advert And Inquiries Send An email To ogulaghavangurds@gmail.com.ng
Call 08051670922 , Or, Reach Us At,
www.ogulaghavanguards.com.ng
