Monday Ubani, former Chairman of the Section of Public Interest and Development Law (SPIDEL) of the Nigerian Bar Association, believes it will be challenging for the Supreme Court to admit fresh evidence in the appeal of the presidential election petition tribunal's judgment. He made this comment in response to the case initiated in the United States by Atiku Abubakar, the People's Democratic Party's (PDP) presidential candidate in the 2023 election, who requested the release of President Bola Tinubu’s certificate from Chicago State University, suspecting that the certificate submitted to the Independent National Electoral Commission (INEC) might not be authentic.
Ubani explained that the admissibility of fresh evidence by the appellate court is rare, especially if the evidence was available when the legal process was initiated. The Supreme Court's primary role is to review the lower court's decision, not to evaluate new evidence. However, there are special circumstances in which fresh evidence can be admitted.
The senior lawyer noted that Atiku’s legal team will be challenged by Tinubu’s team regarding the admissibility of fresh evidence. Ultimately, the court may use its discretionary power to decide whether to admit this new evidence in the case.
It's worth noting that the presidential election petition tribunal previously affirmed Tinubu's election and rejected the allegations brought forward by the PDP and Atiku Abubakar.
