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Supreme Court rejects Atiku’s fresh evidences
Supreme Court Says They Can’t Accept Fresh Evidence Since Atiku Fails To Raise It At The Lower Court
The judge said “I wonder how the appellants planned to use the documents from Chicago State University”
The judge went on to say this motion is after 180 days as prescribed by the law. There is no way this motion can be sent back to the lower court to try the matter again. This court cannot carry out what the lower court cannot do
There is no doubt that the deposition is one of substance and that is why the appellants are seeking to introduce it.
After the expiration of time of the petition, no amendment shall be made (he reads the contents of Electoral Act, 2023). Nothing can be clearer than the above provision. A Petitioner shall not be permitted to amend their petition 21 days after the filing petition.
On section 285 of Constitution, the appellants argued that there is no such limit as 180 days on which the lower court can hear matters of the election petition tribunal. It is shocking to have the above argument. It is an unnecessary joke. It is unfair to suggest that we go back to the previous laws.
The lower court is bound by sec. 285(6) of the Constitution. They had to proved their case within the 180 days and this expired since 17th September, 2023. The lower court therefore had no jurisdiction. Consequently, since the lower courts had no jurisdiction, it follows that this Supreme also has no jurisdiction to do that
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