The Chairman of the Supreme Court panel hearing the appeals against the election of President Bola Tinubu, Justice John Okoro, saying that the Peoples Democratic Party, PDP standard bearer in the February presidential election, Atiku Abubakar, must prove the allegation of certificate forgery levelled against the ex-Lagos State governor beyond a reasonable doubt.
Justice Okoro handed down the admonition during the hearing of the election petition appeals filed by Atiku and Peter Obi of the Labour Party.
He stated this following the submission of Atiku’s lead counsel, Chris Uche, SAN, urging the court to admit the fresh evidence brought by the petitioners.
Addressing the apex court on Monday, Uche insisted that the issue of Tinubu’s academic records was a weighty matter and urged the Supreme Court to admit it as fresh evidence.
He urged the court to take a look at President Tinubu’s records and reach a decision devoid of technicality.
Atiku’s lead counsel also said the issue of 180 days should not tie the hands of the court.
But Justice Okoro, while describing the matter as criminal in nature, said it must be proven beyond reasonable doubt.
He observed that there were two conflicting letters from Chicago State University.
According to him, one of the letters authenticated the President’s certificate and the other discredited it.
Another panel member, Justice Emmanuel Agim observed that the deposition Atiku was seeking to tender as evidence was done in the chambers of Atiku’s lawyer and not in the courtroom.
In his response to Uche’s arguments, the lawyer to the President, Wole Olanipekun, SAN, similarly urged the court not to admit the fresh documents, adding that INEC was not a party to it.
He also noted that the depositions are not admissible in the USA.
He also said the 180 days stipulated for the conclusion of election petition cases “is like a rock of Gibraltar, and cannot be moved.’’
