The Supreme Court panel hearing the appeals to upturn the validation of President Bola Tinubu, has rejected the documents from the Chicago State University presented by the Peoples Democratic Party and Alhaji Atiku Abubakar.
Atiku and PDP had through the evidence sought to have the court rule that Tinubu forged his degree certificate from the CSU while making the argument that this disqualified him from contesting in the 2023 presidential election.
Ruling on the application, the lead judge, Justice John Inyang Okoro said, “I wonder how the appellants planned to use the documents from Chicago State University”
He said the motion was brought after 180 days prescribed by the law for the Presidential Election Petitions Court to hear the matter. He said there was no way the motion could be sent back to the lower court to try the matter again.
“This court cannot carry out what the lower court cannot do” he said.
Justice Okoro said, ” After the expiration of time of the petition, no amendment shall be made (he reads the contents of Electoral Act, 2023). Nothing can be clearer than the above provision. A Petitioner shall not be permitted to amend their petition 21 days after the filing petition.
“On section 285 of Constitution, the appellants argued that there is no such limit as 180 days on which the lower court can hear matters of the election petition tribunal. It is shocking to have the above argument. It is an unnecessary joke. It is unfair to suggest that we go back to the previous laws.
“The lower court is bound by section 285(6) of the Constitution. They had to proved their case within the 180 days and this expired since 17th September, 2023. The lower court therefore had no jurisdiction. Consequently, since the lower court had no jurisdiction, it follows that this Supreme also has no jurisdiction to do that”.
More to come…
