Former Vice-President, Atiku Abubakar has submitted the evidence of President Bola Tinubu’s forgery to the Supreme Court where he seeks to overturn the president’s election victory.
The presidential candidate of the main opposition PDP in the filing which was made on Thursday, prayed the apex court for leave to “receive fresh and/or additional evidence by way of deposition on oath from the Chicago State University for use in this appeal to wit; the certified discovery deposition made by Caleb Westberg on behalf of Chicago State University on October 3, disclaiming the certificate presented by the 2nd respondent, Bola Ahmed Tinubu, to the Independent National Electoral Commission (INEC).”
The application was predicated on 20 grounds, among which included a claim that the deposition sought to be adduced along with its accompanying documents, “would have important effect in the resolution of this appeal.”
“The deposition is relevant to this matter, having confirmed that the certificate presented by the 2nd Respondent to the Independent National Electoral Commission (INEC) did not emanate from Chicago State University, and that whoever issued the certificate presented by the 2nd Respondent, did not have the authority of the Chicago State University, and that the 2nd Respondent never applied for any replacement certificate nor was he issued any replacement certificate by the Chicago State University.
“The deposition which is on oath and deposed to in the presence of the 2nd Respondent’s Attorney is credible and believable, and ought to be believed.
“The deposition is clear and unambiguous, and no further evidence is needed to be adduced on it.
“The evidence is such that could not have been obtained with reasonable diligence for use at the trial, as the deposition required the commencement of the suit in the United States of America before receiving same. It was not possible to obtain the said evidence before the trial at the Court below.
“The deposition was made on October 3, 2023, after the conclusion of trial at the Court below, and was not available to be tendered at the trial,” Atiku averred.
He contends that “the presentation of a forged certificate to the Independent National Electoral Commission by a candidate for election to the office of President of the Federal Republic of Nigeria.”
Atiku urged the apex court to admit his evidence, citing other instances in which Tinubu’s attorney Wole Olanipekun’s new evidence was admitted by the highest court. He asserted the documents could not have been obtained earlier due to the legal red tape in the U.S., where he got them from.
The election petition tribunal had on September 6 struck out Atiku’s petition challenging the election of Tinubu as the winner of the February 25 presidential election.
Not deterred, Atiku, approached a U.S. federal court to subpoena CSU for Tinubu’s educational records in his quest to prove that the diploma Tinubu tendered to Nigeria’s electoral body, INEC, was a forgery.
The CSU registrar, Mr Westberg, swore under oath that Tinubu did, in fact, attend and graduate from CSU, but that the university is unable to vouch for the authenticity of the diploma that was submitted to INEC because they did not issue it.
Atiku’s legal team, led by Chris Uche, SAN, has now submitted the deposition of Mr Westberg’s testimony to the Supreme Court.
Citing the case of UZODINMA vs. IZUNASO (2011), Atiku reminded the apex court of its decision to allow Mr Olanipekun admit new evidence in his appeal after pleading that he could not assemble the evidence at the initial court of trial.
“Learned counsel for the Appellant, Chief W. Olanipekun SAN observed that trial took just three days and judgement was delivered on 28/l/2011, he thus had very little time to assemble relevant documentary evidence, including exhibit HU2.”
Then the apex court had ruled that “the discretion to grant leave to admit new evidence, fresh evidence or additional evidence” was “properly exercised” since it was for the “furtherance of justice.”
No date has been fixed by the apex court for hearing of the matter.
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