Nigeria’s Supreme Court to hear election petitions

Nigeria's Supreme Court is set to begin proceedings to hear the appeals by Atiku Abubakar and Peter Obi challenging the verdict of the Presidential Election Petition Court, which upheld President Bola Tinubu's election. This legal battle has attracted significant attention and anticipation as the highest court in the land prepares to make a critical decision that could shape the country's political landscape. Evans Ufeli, a Constitutional Lawyer and Rights Advocate, shed some light on the upcoming case in an interview. The case holds immense importance for Nigeria as the court will determine whether President Bola Tinubu rightfully won the 2023 general election. The hearing, which kicks off today, is crucial as it will address a motion by Atiku Abubakar regarding the presentation of new evidence. This motion must be resolved before the substantive suit can be considered, highlighting the procedural intricacies that the court must navigate. The Supreme Court has a 60-day window to settle the matter, providing a timeframe within which the final judgment is expected. While the court is not bound to utilize the entire 60-day period, the expectation is that a decision will be reached within that timeline. The court's role is to review the proceedings of the lower tribunal, assessing the application of law and determining where corrections need to be made. In this process, the court will examine the grounds of appeal put forth by the appellants, including Atiku Abubakar and Peter Obi, as well as the arguments presented by the respondents, with President Tinubu as the main respondent in this case. The judicial precedence in similar cases and the possibility of admitting new evidence are key aspects that will influence the court's decision-making. The Supreme Court has the discretion to admit new evidence, as provided for in section 22 of the Supreme Court Act and the court rules. The principle of 'hearing a matter' allows for a review of issues from the beginning, potentially including new evidence if it meets certain criteria. The court may admit fresh evidence, especially in cases where it could alter the outcome based on the clarity and relevance of the new information. The evidence act stipulates that the party presenting the evidence must prove its authenticity and relevance, ensuring that all legal requirements are met. In this instance, the petitioners have demonstrated that the new evidence is pivotal to their case and have satisfied the criteria outlined in the evidence act. With these considerations in mind, it is anticipated that the Supreme Court will make a well-informed decision regarding the admission of the new evidence and the overall outcome of the appeals. The legal community and the public at large await the court's ruling, which will undoubtedly have far-reaching implications for the political landscape of Nigeria.