Monday Ubani, former Chairman of SPIDEL (Section of Public Interest and Development Law) at the Nigerian Bar Association, has expressed skepticism about the possibility of the Supreme Court admitting fresh evidence in the appeal of the presidential election petition tribunal’s judgment. Ubani notes that the admissibility of fresh evidence is rare and would require special circumstances. He emphasizes that the appellate court’s primary role is to review the lower court’s decision and not to reevaluate evidence.
Key Points:
- Atiku Abubakar, the PDP’s presidential candidate in the 2023 election, initiated a case in the United States requesting the release of President Bola Tinubu’s academic records from Chicago State University, suspecting the authenticity of the certificate submitted to INEC.
- Ubani highlights that the Supreme Court typically does not admit fresh evidence, especially if it was available during the initiation of the case.
- Special circumstances, such as the unavailability of evidence at the time of filing the case, could warrant the admission of fresh evidence by the appellate court.
- Ubani anticipates a challenge from Tinubu’s legal team regarding the admissibility of fresh evidence, and ultimately, the court will exercise its discretionary power in deciding whether to admit it.
- The presidential election petition tribunal affirmed Tinubu’s election on September 6, stating that the petitioner, the PDP, did not successfully prove the allegations in their petition.
Analysis: Ubani provides valuable legal insight into the potential admission of fresh evidence in Atiku’s appeal. He underscores the rarity of such admission and highlights the stringent requirements for special circumstances. This analysis sheds light on the legal complexities surrounding the case and sets realistic expectations for Atiku’s legal team in their pursuit of fresh evidence.
