A lawyer and former member of the Justice Committee of the House of Representatives, Mr. Kayode Oladele, has described as “fruitless fishing expedition”, the fresh application by the former Presidential candidate of the People’s Democratic Party, Alhaji Atiku Abubakar for leave of the Supreme Court to file and tender President Tinubu’s academic records which he termed as fresh evidence and just handed over to him by the Chicago State University, on October 2, 2023.
According to Mr. Oladele, while the Supreme Court Rules allow fresh evidence in certain circumstances, election petitions definitely do not fall within the narrow exceptions permitted by the Supreme Court Rules.
“Any evidence that did not form part of the record from the Presidential Election Petition Court cannot be adduced on appeal to the Supreme Court under the color or toga of fresh evidence. This is because Election Petition is sui generis and it is in the class of its own. In other words, an election petition is a proceeding which is of its on kind, possessing an individualistic character, unique and similar only to itself. It is unlike ordinary civil proceedings; and it is governed by its own unique constitutional and statutory provisions”, Oladele said.
Furthermore, Mr. Oladele stated that the provisions of the “Supreme Court Rules regarding fresh evidence will not apply in this case because any piece of evidence not in place during the filing of the Petitioner’s Petition or within 21 days thereof cannot be allowed to be filed In whatever form in election petition cases. This is Constitutional. Otherwise, it would amount to an extension of time and amendment of the Petition”.
“ To this end, it is trite that the provisions of Order 2 of the Supreme Court Rules will not apply in Atiku’s case. It is inapplicable to election petition. Atiku’s attempt is spurious, invidious and fruitless fishing expedition as it would be outside the period of 180 days. Election Petition matters have their Rules (First Schedule) and Practice Directions distinct from the Supreme Court Rules.”
“What is more, a cursory look at Atiku’s Petition shows that there is no pleading in support of the result from Chicago State University. It is clear in law that documents not supported by pleadings go to no issue. Ipso facto, evidence on facts not pleaded goes to no issue. In other words, any evidence led by a party which is in conflict with the party’s pleadings are of no consequence”. Oladele concluded.
