Full Document Of Motion Atiku Filed At Supreme Court (PHOTOS)
Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP), has formally requested permission from the Supreme Court to submit what he refers to as new evidence.
Through his legal team, Atiku filed a motion asserting that the evidence he aims to present before the highest court will substantiate his claim that President Bola Tinubu presented forged documents to the Independent National Electoral Commission (INEC) in support of his eligibility for participation in the presidential election held on February 25.
The former Vice President contends that President Tinubu’s actions amount to both forgery and perjury, justifying his removal from office by the Supreme Court.
Atiku specifically seeks the court’s approval to introduce Tinubu’s academic records, which he received from the Chicago State University (CSU) on October 2, 2023. This 32-page document was released by the CSU under the directive of Judge Nancy Maldonado of the District Court of Illinois, Eastern Division, Illinois, United States of America.
Atiku bases his request for leave to present fresh evidence against Tinubu on Order 2, Rule 12(1) of the Supreme Court Rules 1985, Section 137(1) of the 1999 Constitution (as amended), and the inherent jurisdiction of the apex court as outlined in Section 6(6)(a) of the 1999 Constitution.
Although the application is dated October 5, Atiku’s legal team formally completed the filing process on Friday night.
The PDP presidential candidate essentially asks the court for an order allowing him “to produce and for the court to receive fresh and additional evidence by way of deposition on oath from the Chicago State University for use in this appeal, specifically: the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, 2023, disavowing the certificate presented by the 2nd respondent, Bola Ahmed Tinubu, to the Independent National Electoral Commission.”
He also requests the apex court to “admit the said deposition as evidence as an exhibit in the resolution of this appeal,” and to further issue any appropriate orders that the apex court deems necessary in the circumstances of the case.
The application is grounded on 20 specific points, including the assertion that the proposed deposition, along with its accompanying documents, “would have a significant impact on the resolution of this appeal.”
“The deposition is relevant to this matter, having confirmed that the certificate presented by the 2nd Respondent to the Independent National Electoral Commission (INEC) did not emanate from Chicago State University, and that whoever issued the certificate presented by the 2nd Respondent, did not have the authority of the Chicago State University, and that the 2nd Respondent never applied for any replacement certificate nor was he issued any replacement certificate by the Chicago State University.
“The deposition which is on oath and deposed to in the presence of the 2nd Respondent’s Attorney is credible and believable, and ought to be believed.
“The deposition is clear and unambiguous, and no further evidence is needed to be adduced on it.
“The evidence is such that could not have been obtained with reasonable diligence for use at the trial, as the deposition required the commencement of the suit in the United States of America before receiving same. It was not possible to obtain the said evidence before the trial at the Court below.
“The deposition was made on October 3, 2023, after the conclusion of trial at the Court below, and was not available to be tendered at the trial,” Atiku averred.
He argues that “the presentation of a forged certificate to the Independent National Electoral Commission by a candidate for election to the office of President of the Federal Republic of Nigeria.”
A date for the hearing of the motion has not been scheduled by the Supreme Court.
See the motion in full below:
Atiku Fresh Evidence Motion SC page 0001
Atiku Fresh Evidence Motion SC page 0002
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