During the recent session devoted to examining the appeal initiated by Atiku Abubakar of the PDP, Justice John Okoro, the Chair of the 7-member panel, noted that the court is currently in possession of two conflicting documents.
Recalling events from September 6, 2023, the Presidential Election Petition Tribunal had dismissed the appeals lodged by Atiku and Peter Obi of the Labor Party. Subsequently, both individuals sought redress from the highest legal authority, with Atiku's primary aim being the introduction of additional evidence concerning Tinubu's alleged document forgery. Atiku had sought access to Tinubu's educational records from Chicago State University, aiming to substantiate his claim that the president had submitted falsified materials to the INEC.
However, by the time the documents were made available, the statutory period of 180 days for filing and resolving an election petition had already expired. Nevertheless, Atiku persisted in requesting the court's approval to present fresh evidence, citing the gravity of the issue at hand. Tinubu objected, arguing that granting such a request would amount to an abuse of the court's processes. Atiku based his plea on the premise that the submission of forged documents by any candidate, especially one aspiring to the highest office in the nation, represents a critical constitutional matter that should not be condoned.
President Tinubu, on the other hand, contended that this issue falls within the domain of pre-election matters and urged the court to reject the application.
Challenging Tinubu's stance, Atiku contended that matters of substance should not be adjudicated or pronounced upon during the preliminary phase. Additionally, Atiku emphasized that the presentation of a forged certificate renders a candidate ineligible for all time, regardless of when it is presented.
In today's appeal hearing, Justice Okoro emphasized the need for criminal matters to be proven beyond a reasonable doubt.
But in this case, there are two conflicting letters from the CSU – one authenticating the president’s certificate and another discrediting it. Which do we rely on?, he asked