The Supreme Court has on Thursday rejected the inclusion of the Chicago State University (CSU) deposition, which Atiku Abubakar obtained from a United States court, as new evidence to support his claim that President Bola Tinubu violated multiple electoral laws in the run-up to the 2023 general elections.

In the ongoing lead judgment delivered by Justice John Okoro, the court ruled that facts and evidence not presented at the presidential election tribunal are not admissible in the appeal.”

“Facts and matters that were not rendered in the tribunal have no place in the appeal,” the court ruled, adding that “A petitioner shall not be allowed to introduce new evidences in an appeal.”

The court also emphasized that forgery was not part of Mr. Abubakar’s case during the tribunal proceedings, and the Supreme Court would not accept new evidence that was not presented within the 180-day period of the tribunal. 

In September, the tribunal had upheld Mr. Tinubu’s victory and dismissed the petitions filed by the opposition PDP and Labour Party. In August, prior to the tribunal’s decision, Mr. Abubakar had sought a court order in the United States to compel CSU to release Mr. Tinubu’s academic records, which had been a subject of controversy and secrecy for many years.

The longstanding controversy surrounding Mr. Tinubu’s CSU certificate took a new turn when the U.S.-based institution, in a deposition, revealed that Mr. Tinubu had presented a forged certificate to the Independent National Electoral Commission (INEC). CSU’s deposition had generated significant reactions from Nigerians, with many calling for President Tinubu’s removal in accordance with Nigeria’s Constitution.

Section 137 (1)(j) of the 1999 Constitution (amended in 2010) states that no one would be legitimately elected president of Nigeria if the person “has presented a forged certificate to the Independent National Electoral Commission.”

By this ruling, the apex court has refused to invoke its powers to accept the fresh evidence that could prove damning to Mr Tinubu’s continued stay in office.