Atiku Asks Supreme Court To Reject Technicality, Overrule Tinubu On Fresh Evidence

FORMER Vice President Atikubu Abubakar, has asked the Supreme Court to jettison technicality and grant his application for leave to tender fresh and additional evidence to support his claim that President Bola Tinubu, submitted forged documents to the Independent National Electoral Commission – INEC.

Atiku, who represented the Peoples Democratic Party – PDP, in the February 25 presidential poll, predicated his plea on the grounds that presenting forged documents by any candidate is a constitutional issue that must not be encouraged.

President Tinubu had objected on grounds of jurisdiction and that the issue of qualification is a pre-election matter amongst others and subsequently prayed the court to deny the grant of the application.

While faulting President Tinubu, Atiku submitted that issues of merit ought not to be determined or pronounced upon at the interlocutory stage.

The appellants/applicants while noting that they are only at this stage merely applying for leave of the Supreme Court to receive the fresh evidence, submitted that “to refuse to grant the leave as the respondents have argued, will amount to undue technicality.”

Meanwhile, in a 20 paragraph affidavit deposed to in support of the application, Atiku argued that if the apex court grants the application, there would be no need for “any further argument other than the written address in support of same, showing that the 2nd Respondent is in violation of the provisions of Section 137 (1) (j) of the Constitution by presenting a certificate disclaimed by the institution from where he purportedly procured same.”

Atiku also faulted President Tinubu’s submission that he was inconsistent in his names, describing the submission as immaterial and pedestrian, as there is no petition challenging his qualification.

Besides, Atiku pointed out that the presentation of a forged certificate disqualifies a candidate for all time, no matter when presented.