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CSU Certificate Saga: Why Supreme Court May Not Admit New Evidence

Published

1 year ago

October 5, 2023

Fenton

CSU Certificate Saga: Why Supreme Court May Not Admit New Evidence

TopNaija had gathered that the Supreme Court would likely not admit the fresh evidence in the appeal of the judgment of the ongoing presidential election petition tribunal.

This disclosure was made by Monday Ubani, a former Chairman at the Nigerian Bar Association.

Ubani was responding to the case filed against the United States by the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar.

Atiku requested the release of Bola Tinubu’s Chicago State University certificate, claiming the certificate submitted to INEC may be fake.

Speaking on the development on Channels Television’s Sunrise Daily on Thursday, Ubani said, “Looking at the facts surrounding it, the issue of admissibility of fresh evidence by the appellate court is very rare, especially if that evidence was available to you while you were initiating the process.

“The Supreme Court will never, even the Court of Appeal will not admit fresh evidence because their job is to review the decision of the court below and not to now evaluate any evidence.

“They don’t take any evidence but there are special circumstances under which fresh evidence can be admitted by the appellate court and that ground is maybe by the time you file the case that evidence was not available.”

President Tinubu, through his legal advisors, opposed Atiku’s interest in having his records to be delivered, yet the US court ultimately requested that CSU deliver the President’s scholarly records to Atiku, who had told the court he wanted them for his allure in the High Court.

Ubani said it will take a ton from Atiku’s legitimate group to persuade the High Court to concede new proof in the allure of the political race council judgment, as the zenith court may be evaluating the choice of the lower court.

The senior attorney noticed that Atiku’s legitimate group will be tested by Tinubu’s group on the issue of acceptability of new proof; adding that the court might be passed on to utilize its optional ability to choose whether or not to concede new proof for the situation.

He said, “The issue of admissibility of fresh evidence is very critical, you must convince, and whoever is bringing it will be opposed by the other party. So, the court now exercises what is called discretionary power in either admitting or not allowing that fresh evidence to come in.”

Related Topics:election petition tribunal SUPREME COURT

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Fenton

Fenton is a talented and experienced news and entertainment writer at TopNaija, passionate about sharing stories that matter. With a keen eye for detail and a talent for crafting engaging and compelling content, he has built a strong reputation as a reliable and insightful writer. Fenton is a dedicated and talented writer committed to producing high-quality content that is informative, entertaining, and engaging.